Full text of "The laws of the Federated Malay States, 1877-1920;"

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Royal Colonial Institute,

Northumberland Avenue, London, W.C. 2.

July 21, 1920.

THE LAWS OF THE
FEDERATED MALAY STATES.

VOL. I.

THE LAWS OF THE
FEDERATED MALAY STATES

1877-1920

COMPILED BY

A. B. VOULES,

LEGAL ADVISER, F.M.S.

IN THREE VOLUMES.
VOL. I

PUBLISHED BY AUTHORITY.

PRINTED BY

HAZELL, WATSON & VINEY, LD.
LONDON AND AYLESBURY

(Appointed by the Government of the Federated Malay States the
Government Printers for the piu-poscs of tliis edition of Laws)

1921

PREFACE.

This edition represents the law of the Federated Malay States on
31st December, 1920, with the exception of the Penal Code and the
Evidence Ordinance, which are printed separately.

Prior to the Federation in December 1909 the Councils of each
of the four States, namely, Perak, Selangor, Negri Sembilan, and
Pahang, passed their own laws, many of which were identical in
all four States.

Since the Federation all legislation common to the four States
is enacted by the Federal Council, but each Council continues to
legislate for matters peculiar to its own State.

The edition is contained in three volumes.

The first volume consists of five parts.

Part I contains State laws passed prior to the Federation which
are common to all four States, differences being shown by footnotes.

Part II contains those laAvs which apply only to Perak.

Part III contains those laws which apply only to Selangor.

Part IV contains those laws which apply only to Negri Sembilan.

Part V contains those laws which apply only to Pahang.

The second and third volumes contain the laws passed by the
Federal Council.

Each law is printed as amended, the amendments being shown
by italics, and asterisks, except in the case of extensive amendments.
In these cases italics have not been employed, but a marginal note
indicates that an amendment has been made by mentioning the
amending enactment.

Each law has two dates: the first is the date on wliich it was passed
by Council, the second is the date on which it came into force.

Laws which have had their effect have not been printed.

Mr. J. R. Innes, C.M.G., late Judicial Commissioner, F.M.S.,
has kindly undertaken the work of seeing these volumes through the
press.

A. B. VOULES,

Legal Adviser, F.M.S.

Kuala Litmpub,

3rd January, 1921.

85J3avS7

ABBREVIATIONS.

T.M.S.

Federated Malay States

Pk. .

Perak.

Sel. .

Selangor.

N.S. .

Negri Sembilan.

Pg. .

Pahang.

Fed. .

. Federal.

0. in C.

. Order in Council.

Reg. .

. Regulation.

E. .

Enactment.

ALPHABETICAL INDEX OF THE SHORT TITLES OF
THE LAWS OF THE FEDERATED MALAY STATES,
1877-1920, UNREPEALED ON 31st DECEMBER, 1920.

Peo-

Short title.

Adoption of Steaits Settlements Or-
dinances

Advocates and Solicitors

Aerial Navigation

Affirmations

Agreements for Leases, Temporary
visions

Agricultural Pests

Alien Missionaries, Supervision of

Aliens Admission, Former Enemy

Aliens, Exclusion Pauper

Aliens, Registration of

Amusement, Places of Public

Animals and Birds Protection, Wild

Animals, Prevention, Cruelty to

Appraisers (amended) . .

Arbitration

Arms

Army Act . .

Auction Sales , ,

No. and Year. Vol. Page

Banishment . . . . . . . . . . 10 of 1910

Bank Note Issue . . . . . . . . Pg. 4 of 1890

Bank, Savings , . . . . 17 of 1914

Banking (Restriction) .. .. .. .. 10 of 1919

Bankruptcy' . . . . . . . . . . 2 of 1912

Benevolent Fund, Planters' . . . . 3 of 1912

Betting 10 of 1913

Bills OF Sale 26 of 1919

Birds Protection, Wild Animals and .. 9 of 1911

Births and Deaths Registration . . . . 13 of 1920

Bishop of Singapore, Incorporation . . 14 of 1912

Books, Printing and . . . . . . . . 17 of 1915

British and Foreign Companies . . . . 9 of 1912

Buffaloes.. .. .. .. .. .. .. 1899

BuNUS Reserve Cancellation .. ..Sel. 3 of 1897

Pk. 12 of 1895
22 of 1914
22 of 1913

. . 1898

Pg. 6 of 1901

13 of 1913

22 of 1917

20 of 1919

. . 1902

4 of 1917

24 of 1913

9 of 1911

6 of 1910

. . 1907

17 of 1912

13 of 1915

8 of 1915

. . 1905

II
II

III

III
II
II
II
I

III

II
III

in
II
I
I

G15

626
526

742

495

292

668

215

128

544

550

420

514

729
593
657
242
303
482
670

56
720
419

57
403
132
669

INDEX OF SHORT TITLES.

Short title.

Bureau of Statistics
Burials

No. 'and Year. Vol. Pago.
9 of 1019 III C53
4 of 1910 II C

Incorporation

Census

Chamber of Mines, F.M.S

ChANDU, OriUM AND

Change of Names
Chief Secretary (Incorporation)
Chinese Affairs, Secretary for
Chinese Laws, Recognition . .
Christian Brothers' Schools Visitor

corporation
Christian Marriage
Civil Guard, Reserve Force and . .
Civil Procedure Code . .
Clauses, General
Coconut Palms Preservation
Code, Civil Procedure
Code, Criminal Procedure . .
Code, Labour

Coin, Counterfeit . . , .

Coin, Import and Export
Collision and Salvage
Collision at Sea, Prevention
Commissions of Enquiry
Common Gaming Houses
Companies . .

Companies, British and Foreign
Companies, Fire Insurance . .
Contagious and Infectious Disease
Continuance of Powers
Contract . .

Copyright, Telegram . .
Corporations Duty
Council Proceedings Validation
Counterfeit Coin
Country Lands (Cultivation)
Court Fees
Courts

Crimes, Prevention of
Crimes, Prevention of
Crimes, Prevention of
Criminal Jurisdiction,

and
Criminal Procedure Code
Cruelty to Animals, Prevention

8 of

25 of

14 of

3 of

1 of

Pk. 23 of

In-

Pk.

N.S.
Assistance

32 of

1 of
21 of
15 of

17 of
15 of

6 of
10 of

2 of

18 of

19 of

20 of
9 of

3 of
3 of

15 of

5 of
20 of

18 of
10 of

8 of

• •

14 of

2 of

6 of

19 of
6 of

1910
1914
1910
1919
1911
1899
1893

1918
1915
1915
1918
1896
1917
1918
1902
1912
1912
1903
1913
1897
1918
1912
1917
1912
1918
1894
1919
1899
1911
1914
1920
1912
1914
1905
1918
1903
1903
1895

1913
1902
1910

II
II
II

II
II
I

II
I

C44
34

III G44
II 47

115

010

III 598

II 669
III 64

III 350
I 32

III 158

III 350

220
332

407

467

457

III 590

II 426

III 160

II 403
III 317

I 613

III 666

135

50
622

III 729

II 407

576
490

III 330

432
624

697

II 509

I 220

II 14

INDEX OF SHORT TITLES.

Short title. '

CuLTiVATiox, Country Lands
Cultivation of Rice
Cultivation of Rice
Customary Tenure
Customs

No. and Year.

SoflOU

N.S. 3 of 1917

Pg. 11 of 1897

N.S. 17 of 1909

31 of 1920

Vol. Page.
1 1 576

III

723
731
719

782

Dangerous Trades
Declarations, Statutory
Decrepit Vagrants
Decrepit Ward Fund . .
Delegation of Powers
Deleterious Drugs
Departmental Fines
Disease, Contagious and Infectious
Disease, Prevention of
Disease, Prevention of
Disease, Quarantine and Prevention
District Officers
Districts Water Supply
Divorce Registration, Muhammadan
riage and . . . . . . ...

Drainage Rate . .
Drugs, Deleterious
Drugs, Sale of Food and
Duty, Corporations

Mar-

.. 1909

.. 1899

. . 1902

Pk. 15 of 1901

2 of 1919

10 of 1911

. . 1903

. Pk. 3 of 1894

N.S. 1 of 1894

Sel. 5 of 1894

. . 1903

Pk. 10 of 1902

Sel. 2 of 1910

. . 1900
. . 1909

10 of 1911
9 of 1913

20 of 1914

I
I
I
I

III
II
I
I
I
I
I
I
I

I
I

II
II
II

5f)4
114
217
618
643
69
434
613
695
667
461
621
6SH

195
567
69
473
622

Education Rate

Electricity

Evidence, Penal Code and

Excise

Explosives

Export, Coin Import and

Extradition

5 of 1915 III
23 of 1913 II

. . 1905 I

6 of 1915 III

. . 1904

. . 1903

26 of 1914

I
I
II

3
528
538

4
481
467
658

Federated Malay States Chamber of

Mines, Incorporation . . . . , . 25 of 1914 II! 644

Federated Malay States Prisoners . . . . 1905 I 498

Fees, Court 1905 I 490

Ferries 1900 I 211

Fines, Departmental . . . . . . . . . . 1903 I 434

Fire Insurance Companies . . . . . . 3 of 1918 III 317

Fish Protection . . . . . . . . . . 1898 I 82

Flags at Religious Festivals . . . . Pk. 1 of 1881 I 589

Flogging Regulation . . . . . . . . . . 1905 I 513

Food and Drugs, Sale of . . . . . . 9 of 1913 II 473

Xll

INDEX OF SHORT TITLES.

Short title.

No. and Year.

Vol.

Page.

Food Production

42 of 1918

Ill

627

Foreign Companies, British and

9 of 1912

403

Foreign Marriage Notice

20 of 1915

III

Forest

34 of 1918

III

602

Former Enemy Aliens Admission

20 of 1919

III

668

Freight and Steamship

13 of 1910

Frivolous Charges

Pk. 20 of 1895

016

Frontier Police

.. 1900

193

Fugitive Offenders

15 of 1915

III

Gaming Houses, Common

19 of 1912

426

Ganja Prohibition

. . 1898

General Clauses

. . 1896

General Loan and Inscribed Stock

3 of 1914

567

Girls, Protection, Women and

2 of 1914

552

Government Debts, Priority

. ,

. . 1904

489

Government Loans, Security

. .

5 of 1910

Guarantee Fund, Public Officers'

11 of 1913

486

Habitual Criminals, Stolen

Property

and

Sel. 15 of 1902

679

Habitual Criminals, Stolen

Property

AND

. .

N.S. 11 of 1902

716

Habitual Criminals, Stolen

Property

AND

, .

Pg. 16 of 1902

744

Harbour . .

, ,

Pk. 17 of 1891

595

Harbours . .

. ,

..Sel. 1 of 1891

650

Harbours . .

N.S. 7 of 1896

700

Harbours . .

. . Pg. 1 of 1898

733

Headmen, Regulations for . .

. .

. . Pg. 1 of 1890

727

High Commissioner

. ,

. . 1896

Import and Export, Coin

Imports and Exports, Registration of

Incorporation. Bishop of Singapore

Incorporation, Chief Secretary

Incorporation, Christian Brothers'
Schools Visitor

Incorporation, F.M.S. Chamber of Mines..

Incorporation, Methodist Episcopal Loca-
tion Board . .

Incorporation, Titular Roman Catholic
Bishop of Malacca

Indian Labourers, Netherlands, Protec-
tion

Instruments, Negotiable

.. 1903 I 467

40 of 1918 III 626

14 of 1912 II 419

1 of 1911 II 47

32 of 1918 III 598

25 of 1913 II 644

13 of 1914

587

16 of 1915

III

. . 1909

569

.. 1898

INDEX OF SHORT TITLES.

XIU

Short title.

Inventions

Inventions Validation . .

Irrigation Areas

Issue of Perak Notes Prohibited

No. and Year.

Vol.

Page.

19 of 19U

597

Pg. 13 of 19L>9

753

. . 1899

131

Mc. 10 of 1890

590

JiNRIKISHA

1900 I 198

Karang Ayer Leleh . . . . . . . Pg. 1 of 1916

Kathis Prohibited from Receiving Zakat Pk. 2 of 1880

Klang Sites Sel. 22 of 1909

Krian Irrigation .. .. .. ..Pk. 16of 1905

701

589

683

027

Protection, Netherlands,

Labour Code
Labourers'
Indian
Land

Legal Tender

Legal Tender (Supplementary)
Liabilities, Public Servants . .
Libel

Lights and Small Shipping . .
Limitation

Loan and Inscribed Stock, General
Loan, War

Loans Fund, Planters'
Loans, Government Security
Loans, Usurious.,
Lunacy
Lunatics, Reception (not yet in force)

6 of 1912 II 332

11 of
21 of
23 of

8 of

3 of
1 of
27 of
5 of
12 of
12 of
25 of

1909
1911
1913
1918
1893
1918
1902
1896
1914
1916
1915
1910
1919
1915
1913

I 569

II 75

II 522

III 594
I 5

III 326

II
III
III
II

420
14

567
92
70
10

III 663
III 20

II 548

Machinery

Malaria Prevention (not yet in force
Malay Reservations
Manceuvres, Military . .
Marks, Merchandise
Marriage, Christian
Marriage, Foreign Notice
Marriage Registration
Measures, Weights and
Medical Registration . .
Merchandise Marks
Metal Industry, Non-ferrous
Methodist Episcopal Location Board, In-
corporation

5 of 1913
13 of 1917
15 of 1913

. . 1905

7 of 1917
1 of 1915

20 of 1915

8 of 1911
. . 1893
. . 1907
7 of 1917

36 of 1918

II 461

III 151

II
I

505
500

III 141
II 669

III
II
I

I OOli

III 141
III 620

13 of 1914 II 587

XIV

INDEX OF SHORT TITLES.

Short title.

Military Manoeuvres . .

Mineral Ores

Mining

Minor Offences . .

Missionaries, Supervision of Alien

Motor Cars, Traction Engines and

MUHAMMADAN CeMETERY RESERVE
MUHAMMADAN CeMETERY RESERVE
MUHAMMADAN CEMETERY RESERVE
MUHAMMADAN LaWS
MUHAMMADAN MaRRIAGE AND DiVORCE

Registration

Names, Change of

Naturalization . .

Negotiable Instruments

Netherlands Indian Labourers, Protection

Non-ferrous Metal Industry

Offences, Small
Offenders, Fugitive
Opium and Chandu
Ores, Mineral . .
Orphans' Pension, Widows' and
Oysters, Preservation in ti
River

Passport . .

Pauper Aliens, Exclusion

Pawnbrokers

Penal Code and Evidence

Pension, Widows' and Orphans'

Pensions . .

Pests, Agricultural

Petroleum

Places of Public Amusement

Plague

Plantation Produce Protection

Planters' Benevolent Fund . .

Planters' Loans Fund

Poisons

Police Assistance and Criminal

Police Force
Police, Frontier
Police Supervision

No. and Year.

Vol.

Page.

. . 1905

500

. . 1904

474

12 of 1911

12S

25 of 1920

III

764

22 of 1917

III

292

20 of 1912

435

. Sel. 8 of 1904

682

Sel. 14 of 1907

683

. Sel. 2 of 1915

691

. . 1904

470

. . 1900

195

3 of 1919 III 644

.. 1904 I 487

.. 1898 I 89

.. 1909 I 569

36 of 1919 III 620

. . 1898

112

15 of 1915

III

14 of 1910

. . 1904

474

3 of 1915

693

Perak

Pk. IS of 1890

594

7 of 1920

III

714

. . 1902

215

10 of 1914

578

. . 1905

538

3 of 1915

693

. . 1906

539

13 of 1913

495

23 of 1914

638

24 of 1913

544

. . 1901

213

18 of 1910

3 of 1912

303

27 of 1915

III

15 of 1911

230

CTRISDICTION

19 of 1913

509

22 of 1920

III

753

1900

193

. Pk. 2 of 1893

603

INDEX OF SHORT TITLES.

Short title.

Police Supervision

Post Office

Powers of Attorney . .

Prevention, Collision at Sea

Prevention of Crimes . .

Prevention, Cruelty to Animals

Prevention of Disease

Prevention of Disease, Quarantine and .

Prevention of Malaria (not yet in force

Printing and Books

Priority, Government Debts

Prisons

Prisoners, Federated Malay States

Prisoners Surrendered by S.S.

Prisoners, Transfer to the Colony

Probate and Administration

Protection, Fish

Protection, Plantation Produce . .

Protection, Wild Animals and Birds

Protection, Women and Girls

Public Amusement, Places of

Public Emergency

Public Officers' Guarantee Fund . .

Public Servants (Liabilities)

Public Trustee . .

Publications, Seditious (Prohibition)

No.

ami Year.

Vol.

Pa^o.

. .Se]

. 2 of 1894

(565

. . 1905

516

1 of 1912

238

.. 1S97

. . 1903

432

. 2 of 1903

624

N.S.

6 of 1895

6!)7

6 of 1910

.Sel

5 of 1894

667

N.S.

1 of 1894

695

. . 1903

461

13 of 1917

III

151

17 of 1915

III

. . 1904

489

. . 1907

543

. . 1905

498

•Pg-

3 of 1896

730

4 of 1914

574

4 of 1920

III

682

. . 1898

18 of 1910

9 of 1911

2 of 1914

552

24 of 1913

544

5 of 1917

III

134

11 of 1913

486

. . 1893

20 of 1920

III

746

27 of 1919

III

677

Quarantine and Prevention of Disease

1903 I 461

Railways . .

Recognition of Chinese Laws

Red Cross (Control of Use) . .

Reformatory Schools . .

Regency . .

Registration of Aliens

Registration, Imports and Exports

Registration, Marriage

Registration, Medical

Registration, Muhammadan Marriage and

Divorce
Registration of Schools
Registration of Titles

4 of 1912

308

Pk. 23 of 1893

610

7 of 1918

III

325

. . 1908

554

. Pg. 7 of 1909

752

4 of 1917

III

128

40 of 1918

III

626

8 of 1911

. . 1907

552

. . 1900

195

27 of 1920

III

775

13 of 1911

191

XVI

INDEX OF SHORT TITLES.

Short title. No. and Year. Vol. Page.

REaiSTR.\TION OF TiTLES (VALIDATION) Sel. 12 of 1897 I 670

Registration' and Survey of Steam Vessels

Pk. 10 of 1803 I

Regulations for Headmen . . . . Pg. 1 of 1890 1

Relief, Specific- .. .. .. .. •• 1903 1

Reserve Force and Civil Guard . . . . 21 of 1915 III

Rice, Cultivation N.S. 3 of 1917 I

Rice, Cultivation Pg. 11 of 1897 I

Rice Lands . . 2 of 1917 III 125

Rights of Holders of Agreements for

Leases Sel. 1 of 1892 I 659

River Rights Pk. 3 of 1915 I 632

Royal Family' cannot be sued for Debt Pk. 3 of 1888 I 589

Royal Family cannot be sued for Debt Pg. 1 of 1893 I 729

Rubber Dealers . . . . . . . . 5 of 1919 III 646

604
727
436
64
723
731

II
I
I

10 of
10 of
12 of

27 of

26 of

20 of
22 of

Oof

10 of

18 of

II
II
I
I

473

514
457

III 107
II 593

634

658
709
751
554
115
617
674
718

Sale of Food and Drugs . . . . . . 9 of

Sales, Auction . .

Salvage, Collision and . . . . . . 2 of

Sanitary Boards . . . . . , . . 13 of

Savings Bank . , . . . . . . . . 17 of

School Attendance . . . . . . . . Pk. 2 of

School Attendance . . . . . . . . Sel. 5 of

School Attendance . . . . . . N.S. 3 of

School Attendance . . . , " . . . . Pg. 7 of

Schools, Reformatory..

Secretary for Chinese Affairs

Secretary to Resident . . . . Pk.

Secretary to Resident ... . . Sel.

Secretary to Resident . . . . N.S.

Seditious Publications (Prohibition)

Shipping, Lights and Small . .

Silt (Control) . .

Small Offences . .

Societies . .

Solicitors, Advocates and

Specific Relief . .

Stamp

Statistics, Bureau of . .

Statutory Declarations

Steam Vessels, Registration and Survey Pk

Stolen Property . . , , . . Pk.

Stolen Property and Habitual Criminals

Sel. 15 of 1902 I 679
Stolen Property and Habitual Criminals

N.S. 11 of 1902 I 716

1913
1905
1913
1916
1914
1916
1891
1900
1908
1908
1899
1901
1901
1903
1919
1902
1917
1898
1913
1914
1903
1897
1919
1899
1893
1902

III 677

I 420

III 312

112
513
626
436

III 653
I 114

604
622

INDEX OF SHORT TITLES.

XVll

Short title.

Stolen Property and Habitual Criminals

Subjection to Chief of District

Sultan Idris Estate . .

Sultan Idris Religious and Charitable

Trust
Sultanate Lands

Supervision of Alien Missionaries . .
Syed Hassan's Concession Resumption

Tai Wa Fund

Telegram Copyright

Telegraphs

Telegraphy, Wireless

Theatres . .

Titles, Registration of

Titular Roman Catholic Bishop of Malacca

Incorporation
Town Improvement
Traction Engines and Motor Cars . .
Trades, Dangerous

Transfer of Prisoners to the Colony
Treasure Trove . .

Treaties and x4greements, Validation
Trustee
Turtle Eggs

Usurious Loans . .

Vaccination

Vagrants, Decrepit

Validation, Inventions

Validation, Registration of Titles

Validation, Treaties and Agreements

Vehicles . .

Victoria Institution . .

Victoria Institution

Victoria Institution Reserve

Victory Loan

Village Sites

Volunteer

War Loan

War Loans Investment Trust of Malaya
1—6

. and Year.

Vol.

Page.

-.0

16 of 1902

744

•Pg.

5 of 1891

729

.Pk.

2 of 1917

635

.Pk

3 of 1917

637

• Pg-

1 of 1919

762

22 of 1917

292

• Pg

^ 1 of 1912

754

1 of 1902

675

5 of 1911

. . 1905

505

7 of 1913

470

2 of 1910

13 of 1911

191

16 of 1915

III

23 of 1917

III

295

20 of 1912

435

. . 1909

564

4 of 1914

574

Pk.

15 of 1888

590

8 of 1912

402

19 of 1920

III

730

•Pg

;. 3 of 1915

759

12 of 1919

III

663

Pk.

13 of 1890

591

. Se

I. 3 of 1892

660

N.S.

15 of 1901

*710

• Pg

. 9 of 1905

747

. . 1902

217

Pg.

13 of 1909

753

Sel.

12 of 1897

670

8 of 1912

402

13 of 1912

408

. Sd

. 1 of 1914

690

Sel.

23 of 1899

671

Sel.

23 of 1909

685

1 of 1920

III

680

.Sel

4 of 1890

649

1 of 1913

447

1 of 1916

III

8 of 1916

III

PART I.

CHRONOLOGICAL INDEX OF STATE LAWS COMMON

TO ALL FOUR STATES UNREPEALED ON THE 3LST
DECEMBER, 1920.

Tear Short Title Page

1893 Public Servants (Liabilities) 5

Weights and Measures . . . . . . . . . . 7

1896 High Commissioner . . . . . . . . . . . . 13

Limitation . . . . . . . . . . . . . . . . 14

General Clauses . . . . . . . . . . . . . . 30

1897 Collision at Sea, Prevention . . . . . . . . . . 38

Stamp . . . . . . , , . . . . . . . . . . 43

1898 Fish Protection . . . . . . . . . . . . . . 82

Affirmations . . . . . . . . . . . . . . . . 83

Ganja Prohibition . , . . . . . . . . . . . . 87

Negotiable Instruments . . . . . . . . . . . . 89

Small Offences . . . . . . . . . . . . . . 112

1899 Statutory Declarations .. .. .. .. .. .. 114

Secretary for Chinese Affairs .. .. .. .. ..115

Irrigation Areas . . . . . . . . . . . . . . 131

Buffaloes . . . . . . . . . . . . . . . . 132

Contract .. .. .. .. .. .. .. .. 135

1900 Frontier Police 193

muhammadan marriage and dlvokce registration . . . . 195

JiNRIKISHA . . . . . . . . . . . . . . . . 198

Ferries .. .. .. .. .. .. .. .. 211

1901 Plague 213

1902 Pauper Aliens, Exclusion . . . . . . . . . . 215

Decrepit Vagrants . . . . . . . . . . . . 217

Criminal Procedure Code . . . . . . . . . . 220

Lights and Small Shipping . . . . . . . . . . 420

1903 Prevention of Crimes . . . . . . . . . . . . 432

Departmental Fines ' . . . . . . . . . . • • 434

Specific Relief . . . . . . . . . . . . . . 436

Quarantine and Prevention of Disease . . . . . . 461

Coin Import and Export . . ' . . . . . . . . • . 467

1904 Muhammadan Laws . . . . . . . . . . • • • • 470

Mineral Ores . . . . . . . . . . • • • ■ 474

Explosives . . . . . . . . . . • • • • • • 481

Naturalisation . . . . . . . . • • • • • • 487

Government Debts, Priority . . . . . . • • • • 489

CHRONOLOGICAL INDEX

ye»r Short Title

1905 Court Fees . .
Federated Malay States Prisoners
Military Manceuvres
Telegraphs . .
Floogino Regulation
Auction Sales
Post Office . .
Penal Code and Evidence

1906 Pensions

1907 Prisons

ApriiAisERS (Amended)
Medical Registration

1908 Reformatory Schools

1909 Waterworks . .
Dangerous Trades . .
Drainage Rate
Netherlands Indian Labourers' Protection

Page
490
498
500
GOf)

r,i3

r)i4

510

538

539

543
550
552

554

557
564
567
569

PUBLIC SERVANTS (LIABILITIES).

Perak. Selangor. Negri Sembilan. Pahang.

O. in C. 8 of 1896 Reg. 4 of 1893 E. 7 of 1897 E. 18 of 1897

13.7.1896 11.4.1893 18.6.1897 29.11.1897

17.7.1896 14.4.1893 9.7.1897 10.1.1898

as amended by

E. 2 of 1902 E. 6 of 1902 E. 2 of 1902 E. 10 of 1902

A Regulation to protect Public Servants from Legal
Proceedings in respect of certain Liabilities.

Whereas it is expedient to protect public servants from legal rreambie.
proceedings in respect of certain liabilities : It is hereby enacted
by His Highness the Sultan in Council, as follows : —

1. This Regulation may be cited as the " Public Servants (Lia- short tiue,
bilities) Regulation, 1893." ^

2. " Public servant " means a person employed in the service interpretation,
of the Government of the State,^ and includes Sanitary Board and

Police officers.

" Action " includes legal proceedings and process of every
description other than criminal, and includes proceedings in
bankruptcy.

3. (i) No action shall be maintained against a public servant : — Actions not to

(a) Upon any promise, express or implied, to repay money paid pubifcTsen imt

or advanced to him or to another person at his request ; '" certain caaes.

(b) Upon any promise, express or implied, to be answerable for

the debt or default of another person ; or

security made, drawn, accepted, endorsed, or given by
him.

(ii) This section does not apply to the case of a public servant
who, at the date when the liability sought to be enforced is con-
tracted, is in receipt of a salary of more than one hundred and
fifty dollars a month.

(iii) This section does not apply to any liability contracted before
the commencement of this Regulation.

(iv) Nothing in this section contained shall affect the right of
the holder of any security to realise the same by sale or foreclosure.

1 Pk. Order in Council, 1896. N.S. and Pg. Enactment, 1897.

2 Words after State omitted in Perak.

6 PUBLIC SERVANTS (LIABILITIES).

I'rocecjiiif^'s in 4. All ])rocceclings and documents in or incidental to an action

coritravoaiiuM of jjj coutravention of this Regulation shall be void, and where com-
to bo voia'. plaint is made by a ])ublic servant, or by the Head of his Depart-

ment, that such public servant is dealt with in contravention of
this ll(!gulation by any process, execution, or order issued out of
any court, and is made to the court or any court superior to it,
the court shall examine into the complaint and shall, if necessary,
discharge such public servant without fee and may award reason-
able costs to the complainant, which may bo recovered as if costs
had been awarded in his favour in an action in such court.

Regulation. 5« For the puvposcs of tkis Regulation persons employed in any

federal qj ^Jiq Federal Establishments of the Federated Malay States shall

be deemed to be during the j^^riod of such emjdoyment employed

in the service of the Government of the State,

WEIGHTS AND MEASURES.

Terak. Selangor. Negri Sembilan.

O. in C. 14 of 1893 Reg. 13 of 1893 E. 12 of 1897

4.7.1893 7.8.1893 2.11.1897

1.1.1894 13.2.1894 19.11.1897

E. 9 of 1897

as amended by
E. 10 of 1897

Pahaiig.
O. in C. 1 of 1890
8.1.1896
1.8.1896

E. 25 of 1897

A Regulation to provide for the use of uniform Weights
and Measures throughout the State.

Whereas it is expedient to provide for the use of uniform weights
and measures throughout the State and to assimilate them to those
in use in the Colony of the Straits Settlements : It is hereby enacted
by His Highness the Sultan in Council, with the advice of the British
Resident, as follows : —

^ 1. This Regulation may be cited as the " Weights and Measures
Regulation, 1893," and shall come into operation on the 13th day of
February, 1894,^ which date is hereinafter referred to as " the com-
mencement of this Regulation."

2. (i) From and after the commencement of this Regulation the
same weights and measures shall be used throughout the State, and
the units or standards from which other Aveights and measures shall
be ascertained shall be the following (that is to say) : the only unit
or standard measure of extension from which all other measures of
extension, whether lineal, superficial, or solid, shall be ascertained
shall be the imperial standard yard ; and the only unit or standard
measure of w^eight from which all other weights and all measures
having reference to weight shall be ascertamed shall be the imperial
standard pound ; and the only unit or standard measure of capacity
from which all other measures of capacity as well for liquids as for
dry goods shall be ascertained shall be the imperial standard gallon.

(ii) The parts and multiples of the said units or standards shall
be, respectively, computed according to Schedule A hereto.

3. (i) The British Resident shall cause to be deposited and safely
kept in the State Treasury at Kuala Lumpur copies of the said
standards and also copies of such of the weights and measures in
use in the United Kingdom and of such of the a\ eights mentioned in
Schedule B hereto as he shall from time to time think fit, and the
weights and measures so deposited shall be the standard weights
and measures of the State.

1 Omitted in Perak and Pahang.

2 N. S. " upon the publication thereof in the Gazette."

Preamble

Short title and
commencement
of Begulatiun.

Uniformity of
weights.

Standard
weiplits and
measures to be
depositpii at the
various district
olKces.

WEIGHTS AND MEASURES.

Trailc,

contracts, sales,
i.lcalinss, etc., to
be in terms of
staiiilard
weiLchts and
measures.

Exception for
sale of article
in vessel not
represented to
be of any
measure.

Certain local
customary
weights lawful.

Regulation not
to apply to gold,
silver, precious
stones, drugs,
etc.

Penalty on use
or possession of
unjust weights,
measures, or
instruments for
weighing.

Penalty for
fraud in use of
weights,
measures, or
instruments for
weighing.

(ii) Copies of such standard weights and measures certified by
the Government Secretary to be true copies thereof shall be de])osited
and kept in the ofBccs of the District Officers at Klang, Kuala Kubu,
Rawang, Kajang, Jugra, and Kuala Selangor,and sucJi copies shall be
taken to be the correct standard weights and measures in all the
courts of the State.

4. (i) Every contract, bargain, sale, or dealing made or had in
the State for any work, goods, wares, or merchandise, or other thing
which has been or is to bo done, sold, delivered, or agreed for by
weight or measure shall be deemed to be made and had according to
one of such standard weights or measures or to some multiple or
aliquot part thereof, and if not so made or had shall be void ; and all
tolls and duties charged or collected according to weight or measure
shall be charged and collected according to one of such standard
weights or measures or to some multiple or part thereof.

(ii) Such contract, bargain, sale, dealing, and collection of tolls
and duties as is in this section mentioned is in this Regulation referred
to under the term " trade."

(iii) Any person who buys or sells by any denomination of weight
or meaures other than one of such standard weights or measures or
some multiple or aliquot part thereof shall be liable to a fine not
exceeding twenty-five dollars for every such purchase or sale.

5. Nothing in this Regulation shall prevent the sale or subject a
person to a penalty under this Regulation for the sale of an article in
any vessel where such vessel is not represented as containing any
amount of measure, nor subject a person to a penalty under this
Regulation where it is shown that such vessel is not used or intended
for use as a measure.

6. Nothing in this Regulation contained shall render unlawful the
use of, or dealings made in accordance with, the local customary
weights specified in Schedule B hereto, which weights shall have the
values set opposite to them, respectively, in the same schedule.

7. This Regulation shall not apply to the sale of or dealings in
gold, silver, or precious stones, nor to drugs, opium, and chandu when
sold by retail, or to the weights and measures used therefor, save in
so far as such weights and measures shall be false, *- * * * i yiot
shall it apply to contracts for the carriage of goods.

8. Every person who uses, or has in his possession for use, for
trade any weight, measure, or instrument for weighing which is not
in conformity with the standards hereby established, or which is
false, * * * * 1 shall be liable to a fine not exceeding twenty-
five dollars, or, in the case of a second offence, fifty dollars ; and any
contract, bargain, sale, or dealing made by the same shall be void,
and the weight, measure, or instrument for weighing shall be liable
to be forfeited.

9. Where any fraud is committed in the use of any weight,
measure, or instrument for weighing the person committing such
fraud and every person party to the fraud shall be liable to a fine
not exceeding twenty-five dollars, or, in the case of a second offence,

1 Pk. add "or unjust."

WEIGHTS AND MEASURES. 9

fifty dollars, and the weight, measure, or instrument for weighing
shall be liable to be forfeited.

10. (i) No^ person shall make or sell, or cause to be made or sold, penalty on
any false weight, measure, or instrument for iveiahiva manuUcture or

' J J Siile 01 false

.(ii) No person shall sell or cause to he sold any weight, mmsure, or "'''^''^' ^^'
instrument for weighing, which is not stamped under this Regulation.

(iii) No person shall make or sell, or cause to he made or sold, any
weight, measure, or instrument for weighing, unless such person is
licensed in that hehalf tinder the hand of the Government Secretary.

(iv) Any license granted under this section may he revoked hy the
authority granting it.

(v) Every person licensed under this section shall keep, in clear
and legible writing, a book giving full particulars as to all weights,
measures, and instruments for weighing sold by him, a7id shall, at all
reasonable times, produce such book for the inspection of any magis-
trate, superior police officer, or i^ispector under this Regulation.

(vi) Every person who commits any breach of the terms of this
section shall be liable, on conviction, to a fine not exceeding one hundred
dollars, or in the case of a second or any subsequent offence two hundred
and fifty dollars.

11. (i) Every weight, except where the small size of the weight stamping of
renders it impracticable, shall have the denomination of such nieasima with
Aveight stamped on the top or side thereof in legible figures and denomination,
letters.

(ii) Every measure of capacity shall have the denomination
thereof stamped on the outside of such measure in legible figures
and letters.

(iii) A weight or measure not in conformity with this section
shall not be stamped vAih. such stamp of verification as is herein-
after mentioned.

12. (i) Every weight, measure, and instrument for weighing what- stampins and
soever used for trade shall be verified and stamped by an inspector wt^ighTs^!fnd "^
with a stamp of verification under this Regulation. measures.

(ii) Every person who uses, or has in his possession for use, for
trade any weight, measure, or instrument for weighing not stamped
as required by this section shall be liable to a fine not exceeding
twenty-five dollars, or, in the case of a second offence, fifty dollars,
and shall be liable to forfeit the said weight, measure, or instru-
ment for weighing, and any contract, bargain, sale, or dealing
made by such weight, measure, or instrument for weighing shall
be void.

13. (i) A weight made of lead or pewter or of any mixture thereof Lead or pewter
shall not be stamped with a stamp of verification or used for trade "'"^''
unless it is wholly and substantially cased Avith brass, copper, or

iron, and legibly stamped or marked " cased."

(ii) Nothing in this section shall prevent the insertion into a
weight of such a plug of lead or pewter as is bond fide necessary for

WEIGHTS AND MEASURES.

Forsery, etc.,
of stutM|is on
weit'lits, etc.

Presuiiipliou.

Appointment of
inspectors of
weigiits and
measures.

Inspectors of
weights and
measures to be
public servants.

Power to in-
spect weights,
measures,
scales, etc., and
to enter shops,
etc., for that
purpose.

the purpose of adjusting it and of affixing thereon the stamp of
verification.

(iii) " Weight " includes the balance weight of a daching.

14. (i) If any person forges or counterfeits any stamp used for
the stamping under tliis Regulation of any weight or measure or
instrument for \\eigliing, or wilfully increases or diminishes a
weight or measiu'e so stamped, or wilfully tampers with any instru-
ment for Aveighing so stamped, he shall be liable to tine not
exceeding two hundred and fifty dollars.

(ii) A person who has in his possession for use for trade any
weight or measure stamped under this Regulation which is false
shall be deemed, until the contrary be proved, to have wilfully
increased or diminished (as the case may be) such weight or
measure.

(iii) A person who has in his possession for use for trade any
instrument for weighing stamped under this Regulation which is
false, shall be deemed, until the contrary bo proved, to have
wilfully tampered with such instrument.

15. (i) It shall be lawful for the British Resident to appoint,
from time to time, by name or office, a sufficient number of
inspectors of weights and measures for the discharge of the duties
of inspectors under this Regulation and to make rules for the
conduct of their duties.

(ii) The inspectors of weights and measures appointed under
this Regulation shall be deemed to be public servants within the
meaning of the Penal Cod©'.

16. (i) Every superior police officer authorized in writing under
the hand of a magistrate, and every inspector under this Regula-
tion, and every magistrate, may at all reasonable times inspect all
weights, measures, and instruments for weighing which are used
by, or in the possession of, any person or on any premises for use
for trade, and may compare every such weight and measure with
the standard Aveight or measure, and may seize and detain any
weight, measure, or instrument for weighing which in his opinion
is liable to be forfeited in pursuance of this Regulation, and may
for the purpose of such inspection enter any place, whether a
building or in the open air, whether open or enclosed, where he
has reasonable cause to believe that there is any weight, measure,
or instrument for weighing which he is authorised by this Regula-
tion to inspect.

(ii) Any person who neglects or refuses to produce for such
inspection all weights, measures, and instruments for weighing in
his possession or on his premises, or refuses to permit the magis-
trate, inspector, or police officer to examine the same, or any of
them, or obstructs the entry of the magistrate, inspector, or police
officer under this section, or otherwise obstructs or hinders a
magistrate or inspector or police officer acting under this section,
shall be liable to a fine not exceeding twenty-five dollars, or, in the
case of a second offence, fifty dollars.

WEIGHTS AND MEASURES.

17. The British Resident shall, from time to time, fix the times verin..ition i,y
and jjlaces at Avhich each inspector appointed under this Kegiila- ij'^j*"'™ "'
tion is to attend for the purpose of verification of weij^hts and ">e'^ures'"a.,.i
measures and instruments for weighing, and the inspector sliall weSCig!"" '"'
attend with the standards in his custody at each time and place

fixed, and shall examine every weight or measure or instrument
for weighing which is brought to him for the purpose of verifica-
tion, and shall enter in a book kept by him minutes of every such
verification, and give if required a certificate under his hand of
every such verification.

18. An inspector under this Regulation may take in respect of Fees for
the verification of weights and measures and instruments for «>'upa'''«'n-
weighing such fees as shall from time to time be fixed by the British
Resident, and shall account for and pay over to the State Treasurer

for the public uses of the State all fees taken by him,

19. All offences under this Regulation may be prosecuted, and prosetuiion of
all fines and forfeitures under this Regulation may be recovered, o^"^"^*^-
before a magistrate, who may direct that on non-payment of any

fine imposed the imprisonment awarded in default of j)aymcnt
may be of either description.

20. All weights, measures, and instruments for weighing forfeited weights,
under this Regulation shall be dealt with as the magistrate directs, ?dr^iie?to*^e'
and the proceeds thereof (if any) paid into the Treasury for the d<^ait with.
public uses of the State.

21. Where any weight, measure, or instrument for weighing is Kvidence as to
found in the possession of any person carrying on trade within the i'"^^'""-
meaning of this Regulation, or on the premises of any person which,
whether a building or in the open air, whether open or enclosed, are

used for trade within the meaning of this Regulation, such person
shall be deemed for the purposes of this Regulation, until the
contrary is proved, to have such weight, measure, or instrument for
weighing in his possession for use for trade.

22. (i) It shall be lawful for the British Resident, from time to Kuies.
time, to make, and when made to revoke or vary, rules for the
purposes of this Regulation.

(ii) All rules made under this Regulation shall be published in
the Government Gazette, and at the expiration of six weeks from the
date of such publication shall have full effect as though the same
were part of this Regulation.

23. This Regulation shall not exempt any person from any pro- ^''|M'^i,^^,"f^ "^
ceeding for an offence which is punishable at common law or under other rriminai
any statutory enactment other than this Regulation, so that a pro'^^eedmgs.
person be not punished twice for the same offence.^

1 Add in Pk. and Pg. : 24. This Order in Council shall have effect from :
Pk. the first day of January, 1894 ; Pg. the first day of August, 1896.

WEIGHTS AND MEASURES.

Schedule A.
LINEAL MEASURE.

12 Inches 1 Foot
36.... 3 ....
198.... 16|.... t>

7,920 660 220

63,360.... 5,280 ....1,760

1 Yard

1 Pole or Perch

40 1 Furlong

320 8 1 Mile

SUPERFICIAL MEASURE.

144 Inches 1 Foot

1,296.... 9 ....

39,204.... 272]....

1,568,160... . 10,890 .... 1,210

6,272,640.... 43,560 .... 4,840

1 Yard

30J....

1 Pole

40 1 Rood

160 4.... lAcre

AVOIRDUPOIS WEIGHT.

16 Drams 1 Ounce

256.. 16 1 Pound

3,584.. 224 14

28,672.. 1,792 112 8.

573,440.. 35,840 2,240 160.

Stone

... 1 Hundredweight
20 ITon

2 Gills
4....

32...

64...

256...

2,048...

MEASURES OF CAPACITY.

DRY MEASURE.

1 Pau or Quarter Chupak
2.... 1 Pint or Half Chupak

2 . . . . 1 Quart or Chupak

8 4.... 1 Gallon or Gantang

16.... 8.... 2.... 1 Peck
64.... 32.... 8.... 4....1 Bushel

16.

32.

128.

1,024.... 512.... 256.

64 32 8..1 Quarter

32.

2,016.

4,032.

8,064.

Gills

16.

1,008.
2,016.
4,032 .

LIQUID MEASURE.

Pau or Quarter Chupak

1 Pint or Half Chupak
2 . . . . 1 Quart or Chupak
8 . . . . 4 . . . . 1 Gallon or Gantang
504. .. . 252. ... 63. ... 1 Hogshead

1,008.... 504. ,..126.... 2 1 Pipe

2,016.... 1,008.... 252.... 4 2..1 Ton

Schedule B.

1 Tahil = U

16 Tahils = 1 Kati . . . . = li

1,600 Tahils = 100 Katis = 1 Pikul =-
4,800 Tahils = 300 Katis = 3 Pikuls = 1 Bhara = 400 ft).
64,000 Tahils ^ 4,000 Katis = 40 Pikuls = 1 Koyan = 5,333^ lb.

oz.

lb.
1331 lb.

HIGH COMMISSIONER.

Perak.

Selangor.

Negri Sembilan.

Pahang.

E. 1 of 1896

E. 2 of 1896

E. 3 of 1896

E. 4 of 1897

28.9.1896

26.9.1896

15.12.1896

29.1.1917

An Enactment to substitute the title " High Commissioner "
for the title " Governor."

Whereas by a Commission dated the 3rd July, 189G, Her Majesty preamble.
the Queen has been pleased to appoint Sir Charles Bullen Hugh
Mitchell, G.C.M.G., Governor of the Straits Settlements and their
Dependencies, to be High Commissioner for the Federated States
in the Malay Peninsula — namely, Perak, Selangor, Negri Sembilan
and Pahang — which are now under Her Majesty's Protection, and
for any other Territories within the said Peninsula which may at
any time hereafter be under Her Majesty's Protection :

It is hereby enacted by His Highness the^ Sultan in Council as
follows : —

Whenever in any Order in Council, Regulation, or Enactment -Hieh commis-
heretofore passed in the State of Selangor the expression" Governor " read^mstead^of
or " Governor of the Straits Settlements " occurs, the words " High "Governor."
Commissioner of the Federated Malay States " shall be substituted
for and read instead of the words " Governor " or " Governor of
the Straits Settlements," as the case may be.

LIMITATION.

Short title.

Repeal :
references :
and saving
clause.

Definitions.

E,
2J
1.

Perak.
,5 of 1896
$.12.1896
. 1.1897

Selangor.
E. 5 of 1896
31.12.1896
1. 1.1897

Negri Sembilan.

E. 9 of 1896
31.12.1896
1. 1.1897

28
1.

Pahang.
20 of 1903
.12.1903
7.1904

Enactment
of Suits.

amend the law relating

iimital

Whereas it is expedient to amend the law relating to Limitation
of Suits :

It is hereby enacted by His Highness the Sultan . in Council as
follows : —

PART I.

PRELIMINARY.

1. This Enactment may be cited as the " Limitation Enactment,
1896," and shall come into force on the 1st day of January, 1897.^

2 2. (i) On and after the coming into force of this Enactment the
Enactment mentioned in the first schedule hereto shall be repealed
to the extent therein specified.

(ii) All references to any law relating to the limitation of suits
and liereby repealed shall be read as if made to this Enactment, and
nothing herein contained shall be deemed to affect any title acquired,
or to revive any right to sue barred under any such law.

3. In this Enactment, unless there be something repugnant in
the subject or context —

" Plaintiff *' includes also any person from or through whom a
plaintiff derives his right to sue, and

" Defendant " includes also any person from or through whom a
defendant derives his liability to be sued ;

" Bill of exchange " includes also a hoondee and a cheque ;

" Bond " includes any instrument whereby a person obliges him-
self to pay money to another on condition that the obligation shall
be void if a specified act is performed, or is not performed, as the
case may be ;

" Promissory note " means any instrument whereby the maker
engages absolutely to pay a specified sum of money to another at
a time therein limited, or on demand, or at sight ;

" Trustee " does not include a mortgagee remaining in possession
after the mortgage has been satisfied, or a wrong-doer in possession
without title ;

1 Pg. Jiily, 1904.

2 This section is omitted in Perak, N.S., and Pg., and the sections must
be renumbered accordingly.

LIMITATION. 15

1 " The State " means the State of 2 .

" Suit " includes any action or other proceeding ;
" Foreign country " means any country other than the State ;
And nothing shall be deemed to be done in " good faith " which
is not done with due care and attention.

PART II.
LIMITATION OF SUITS.

4. Subject to the provisions contained in sections 5 to 25 (In- nismiMai of
elusive) every suit instituted after the period of limitation pre- ^f,');^ insututea
scribed therefor by the second schedule hereto shall be dismissed, of limitation.
provided that limitation has been set up as a defence.

5. If the period of limitation prescribed for any suit expires on Proviso where
a day when the court is closed, the suit may be instituted on the '""."'^ '^ ^l'^^'^

n "i, , , , , ' "^ when period

day that the court re-opens. expires.

6. When by any special law, now or hereafter in force in the State, special law of
a period of limitation is especially prescribed for any suit, nothing 'i™"'»"on.
herein contained shall affect or alter the period so prescribed.

7. (i) If a person entitled to institute a suit be at the time from Legal disability.
which the period of limitation is to be reckoned a minor, or insane,

or an idiot, he may institute the suit within the same period after
the disability has ceased as would other\vise have been allowed
from the time prescribed therefor in the third column of the second
schedule hereto.

(ii) When he is, at the time from which the period of limitation
is to be reckoned, affected by two such disabilities, or when before
his disability has ceased he is affected by another disability, he
may institute the suit or make the application within the same
period after both disabilities have ceased as would otherwise have
been allowed from the time so prescribed.

(iii) When his disability continues up to his death his legal
representative may institute the suit, or make the application
within the same period after the death as would otherwise have
been allowed from the time so prescribed.

(iv) When such representative is at the date of the death affected
by any such disability, the rules contained in the first two para-
graphs of this section shall apph^

(v) Nothing in this section shall be deemed to extend for more
than three years, from the cessation of the disability or the death
of the person affected thereby, the period within which any suit
must be instituted.

Illustkations.

(a) The right to sue for the hire of a boat accrues to A during his minority.
He attains majority fom- years after such accruer. He may institute liis suit
at any time within three years from the date of his attaining majority.

(b) A, to whom the right to sue for a legacy has accrued diu-ing his minority,
attains majority eleven years after such accruer. A has, imder tlie ordinary
law, only one year remaining within which to sue. But under this section an

1 Omitted in Pahang.

2 Pk., Perak ; Sel., Selangor ; N.S., Negri Sembilan.

LIMITATION.

Disability of
one joint-
creditor.

Continuous
running of
time.

Suits dfeainst
express trustees
and their
representatives.

Suits on foreign
contracts.

Foreign
limitation law.

extension of two years will bo allowed him, makinp in all a period of three
years from the date of his attaining majority within which ho may bring
his suit.

(c) A right to sue accrues to Z during his minority. After the accruer, but
while Z is still a minor, he becomes insane. Time runs against Z from the
date when his insanity and minority cease.

(d) A right to sue accrues to X during his minority. X dies l)oforo attain-
ing majority and is succeeded by Y, liis minor son. Time runs against Y from
the date of his attaining majority.

(e) A right to sue as remainder-man for the recovery of immovable property
accrues to A who, at the time, is insane. Six years after the accruer, A recovers
his.reason. A has six years under the ordinary law from the date wluni his
insanity ceased within which to institute a suit. No extension of time will be
given him under this section.

(/) A right to sue as landlord to recover possession from a tenant accrues
to A, who is an idiot. A dies throe years after the accruer, his idiocy continu-
ing up to the date of his death. A's representative in i interest has, under the
ordinary law, nine years from the date of A's death within which to bring a
suit. This section does not extend that time except where the representative
is himself under disability when the representation devolves upon him.

8. When one of several joint-creditors or claimants is under any
such disability, and when a discharge can be given without the
concurrence of such person, time will run against them all ; but
where no such discharge can be given, time will not run as against
any of them until one of them becomes capable of giving such
discharge without the concurrence of the others.

Illustrations.

(a) A incurs a debt to a firm of which B, C, and D are partners. B is insane
and C is a minor. D can give a discharge of the debt without the concurrence
of B and C. Time runs against B, C, and D.

(6) A incurs a debt to a firm of which E, F, and G are partners. E and F
are insane, and G is a minor. Time will not run against any of them until
either E or F becomes sane or G attains majority.

9. When once time has begun to run no subsequent disability
or inability to sue stops it :

Provided that where letters of administration to the estate of
a creditor have been granted to his debtor the running of the time
prescribed for a suit to recover the debt shall be suspended while
the administration continues.

10. Notwithstanding anything hereinbefore contained no suit
against a person in whom property has become vested in trust for
any specific purpose, or against his legal representatives or assigns
(not being assigns for valuable consideration), for the purpose of
following in his or their hands such property, shall be barred by any
length of time.

11. (i) Suits instituted in the State on contracts entered into in
a foreign country are subject to the rules prescribed by this Enact-
ment.

(ii) No foreign rule of limitation shall be a defence to a suit in-
stituted in the State on a contract entered into in a foreign country
unless the rule has extinguished the contract and the parties were
domiciled in such country during the period prescribed by such
rule.

1 [Note. — ^This is an omission in the printed law. ]

LIMITATION.

PART III.
COMPUTATION OK PERIOD OF LIMITATION.

2. In computing the pcri(jd of limitation prescribed for any nxciuaion of
, the day from which such period is to be reckoned shall be Sit'u. roe'

aocrues.

12. In

suit
excluded

13. In computing any period of limitation prescribed by this Exclusion of
Enactment the time during which the defendant shall have been " '
absent out of the State shall be excluded from such computation,
except any time during which service of a writ of summons or
notice of a writ of summons to appear and answer in the suit can,
during the absence of such defendant, be made in any mode pre-
scribed by law.

14. In computing tlie period of limitation prescribed for any suit
the time during which the plaintiff has been prosecuting with due
diligence another civil proceeding, whether in a court of first
instance or in a court of appeal, against the defendant shall be jurisdiction"
excluded, where the proceeding is founded upon the same cause of

action and is prosecuted in good faith in a court which from defect
of jurisdiction or other cause of a like nature is unable to enter-
tain it.

Explanation. — (i) In excluding the time during which a former suit
was pending, the day on which that suit was instituted and the day on which
the proceedings therein ended shall both be counted.

Explanation. — (ii) A plaintiff resisting an appeal presented on the ground
of want of jurisdiction shall be deemed to be prosecuting a suit within the
meaning of this section.

time of

defcnilnnfa
absemo from
the State.

Exclusion of
time of
proceedincT
Ixiiid fide \n

15. In computing the period of limitation prescribed for any suit
the institution of which has been stayed by injunction or order, the
time of the continuance of the injunction or order, the day on
which it was issued or made, and the day on which it was with-
drawn, shall be excluded.

16. In computing the period of limitation prescribed for a suit
for possession by a purchaser at a sale in execution of a decree, the
time during which the judgment-debtor has been prosecuting a
proceeding to set aside the sale shall be excluded.

17. (i) When a person who would, if he were living, have a right
to institute a suit or make an application dies before the right
accrues, the period of limitation shall be computed from the time
when there is a legal representative of the deceased capable of
instituting or making such suit or application.

(ii) When a person against whom, if he Avere living, a right to
institute a suit or make an application would have accrued, dies
before the right accrues, the period of limitation shall be computed
from the time when there is a legal representative of the deceased
against whom the jilaintiff may institute or make such suit or
application.

(iii) Nothing in the former part of this section applies to suits
for the possession of immovable property.

18. When any person having a right to institute a suit has, by
fraud, been kept from the knowledge of such right, or the

1—2

Exclusion of
time during
wliicli com-
niPiiccment of
suit is stayed
by injimction
or order.

Exclusion of
time durinc;
which judtr-
ment-debtor is
attempting to
set aside
execution sale.
Effect of death
before ritrht to
sue accrues.

Effect of fraud.

LIMITATION.

Effect of
acknowledg-
ment in writing.

title on wliich it is founded ; or where any document necessary to
establish such right has been fraudulently concealed from him, the
time limited for instituting a suit —

(a) Against the person guilty of the fraud or accessory thereto,

or
(h) Against any person claiming through liim otherwise than in

good faith and for a valuable consideration,

shall be computed from the time when the fraud first became
known to the person injuriously affected thereby, or, in the case
of the concealed document, when he first had the means of pro-
ducing it or compelling its production.

19. (i) If before the expiration of the period prescribed for a
suit in respect of any property or right an acknowledgment of
liability in respect of such property or right has been made in
writing, signed by the party against whom such property or right
is claimed, or by some p(?rson through whom he derives title or
liability, a new period of limitation according to the nature of the
original liability shall be computed from the time when the acknow-
ledgment was so signed.

(ii) When the writing containing the acknowledgment is un-
dated, oral evidence may be given of the time when it was signed ;
but oral evidence of its contents shall not be received.

Explanation. — (i) For the purposes of this section an acknowledgment
may be sufficient though it omits to specify the exact nature of the property
or right, or avers that the time for payment, delivery, performance, or enjoy-
ment, has not yet come, or is accomjaanied by a refusal to pay, deliver, perform,
or permit to enjoy, or is coupled with a claim to set-off, or is addressed to
a person other than the person entitled to the property or right.

Explanation. — (ii) In this section " signed " means signed either personally
or by an agent duly authorized on this behalf.

Effect of pay- 20. (i) When interest on a debt or legacy is, before the expira-
ment of interest ^jqj^ ^f ^j^g prescribed period, paid as such by the person liable to

as 3UCII. - J- ^ 'i '' ^ _.-

Effect of part-
payment of
principal.

pay the debt or legacy, or by his agent duly authorized in this
behalf ; or when part of the principal of a debt is, before the ex-
piration of the prescribed period, paid by the debtor or by his
agent duly authorized in his behalf ; a new period of limitation
according to the nature of the original liability shall be computed
from the time when the payment was made ;

Provided that in the case of part-payment of the principal of a
debt the fact of the payment appears in the handwriting of the
person making the same.

Effect of (ii) Where mortgaged land is in the possession of the mortgagee

produce°of ^^® receipt of the produce of such land shall be deemed to be a

mortgaged land, payment for the purpose of this section.

One of several
joint con-
tractors, etc.,
not chargeable
by reason of
acknowledg-
ment of pay-
ment made by
another of them.

21. Nothing in Sections 19 and 20 renders one of several joint
contractors, partners, executors, or mortgagees chargeable by
reason only of a written acknowledgment signed or of payment
made by or by the agent of any other or others of them.

LIMITATION.

11)

j:fi.-.t of

lulistitutinf; ur

I>luiiililT or
UcfeniJant.

Proviw) wliere
original jilairitiil
(lies.

ProviiU) where

22. When after the institution of a suit a new plaiutilT or defen-
dant is substituted or added the suit shall, as regards him, he
deemed to have been instituted wlien he was so made a party ;

Provided that when a plaintiff dies and the suit is continued by
his legal representative it shall, as regards him, be deemed to have
been instituted when it was instituted by the deceased [)laintiff ;

Provided also that when a defendant dies and the suit is con-
tinued against his legal representative it shall, as regards him, })e defclldii.t d
deemed to have been instituted when it was instituted against the
deceased defendant.

23. In the case of a continuing breach of contract, and in the continuinR
case of a continuing wrong, independent of contract, a fresh period '"■''»' 'j,'"^ ^'"^
of limitation begins to run at every moment of the time during

which the breach or the wrong, as the case may be, continues.

24. In the case of a suit for compensation for an act which does suit for
not give rise to a cause of action unless some specific injury actually [°"'a,*'t'"n'ot°"
results therefrom, the period of limitation shall be computed from actionable
the time when the injury results. ^'^""'lamage.

lULtrSTRATIONS.

(a) A owns the surface of a field. B owns the sub-soil. B digs coal there-
out without causing any immediate apparent injury to the surface ; but at
last the surface subsides. The period of limitation in the case of a suit by A
against B runs from the time of the subsidence.

(6) A speaks and publishes of B slanderous words, not actionable in them-
selves, without special damage caused thereby. in consequence refuses to
employ B as his clerk. The period of limitation in the case of a suit by B
against A for compensation for the slander does not commence till the refusal

25. All instruments shall for the purposes of this Enactment be computation
deemed to be made with reference to the Gregorian calendar. menUoiuMi in

jnstrunif nt.

Illustrations.

(a) A Hindu makes a promissory note bearing a native date only, and
payable four months after date. The period of limitation applicable to a suit
on the note rims from the expiry of four months after date, computed according
to the Gregorian calendar.

(6) A Hindu makes a bond bearing a native date only, for the repayment of
money within one year. The period of limitation applicable to a suit on the
bond runs from the expiry of one year after date, computed according to the
Gregorian calendar.

The First Schedule. ^
ENACTMENT REPEALED.

Number.

Sel. : Regulation VIII.
of 1893.

Short title.

Extent of repeal.

Limitation of Suits i The whole.
Regulation, 1893. ]

1 Selangor only.

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Part VI.
Thirty
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GENERAL CLAUSES.

Perak.

Selangor.

Negri Sembilan.

Paliang;

E. 5 of 1897

E. 7 of 1890

E. 3 of 1897

E.l of 1897

16.2.1897

31.12.1896

18.6.1897

29.1.1897

26.2.1897

2.1.1897

9.7.1897

9.4.1897

as amended by

E. 6 of 1900

E. 11 of 1900

E. 8 of 1900

E. 9 of 1900

Short title and
commencement.

Interpretation
clause.

and by Fed. E. 2 of 1909 and 25 of 1919.

An Enactment for shortening the Language used in Enact-
ments and other written Laws and for other pur-
poses.

Preamble. Whereas it is expedient to shorten the language used in Enact-

ments and other written laws and to make certain provisions
relating to the same :

It is hereby enacted by His Highness the Sultan in Council
as follows : —

1. This Enactment may be cited as the " General Clauses Enact-
ment, 1896," 1 and shall come into force on the date of its publication
in the Government Gazette.

2. In this Enactment and in every written law whether made
before or after the commencement of this Enactment, unless there
be something repugnant in the subject or context —

(i) " Abet," with its grammatical variations and cognate ex-
pressions, shall have the same meaning as in the Penal Code.

(ii) " Barrister-at-law " shall mean a barrister-at-law of England
or Ireland and shall include a member of the Faculty of Advocates
in Scotland.

(iii) " Chapter," " part," " section " and " schedule " shall
denote, respectively, a chapter, part and section of and schedule
to the Enactment in which the word occurs, and " sub-section "
shall denote a sub-section of the section in which the word occurs.

(iv) " Colony " shall mean the Colony of the Straits Settlements.

(v) " Commencement," used with reference to an Enactment,
shall mean the day on which the Enactment comes into force.

E. 2 oi 1909. (vi) ''Gazette" or "Government Gazette" shall mean the Gazette

■published by order of the Resident-General and shall include the Gazette
published by order of the Government of the State and also any Extra-
ordinary Gazette published by any such order as aforesaid.

1 Pk., N.S., and Pg., 1897.
32

GENERAL CLAUSES. 33

(vii) " High Commissioner " shall mean the High Commissioner
of the Federated Malay States.

(viii) "Judicial Commissioner" shall mean a Judicial Commis- e. 2 of im.
sioner of ^ the Supreme Court and shall include the Chief Judicial
Cominissioner.

(ix) " Immovable property " shall include land, benefits to arise
out of land, and things attached to the earth or permanently
fastened to anything attached to the earth.

(x) The expressions " rigorous imprisonment," " simple im-
prisonment " and " imprisonment of either description " shall have
the same meaning as in the Penal Code of the Colony and " im-
prisonment " shall mean " rigorous imprisonment."

(xi) " Magistrate " shall mean a magistrate appointed under
any law for the time being in force for the establishment of civil
and criminal courts.

(xii) " Master," used with reference to a ship, shall mean any
person (except a jiilot or harbour master) having for the time being
control or charge of the ship.

(xiii) " Movable property " shall mean property of every descrip-
tion except immovable property as above defined.

(xiv) " Oath," " swear " and " affidavit " shall include affirma-
tion, declaration, affirming and declaring in the case of persons
allowed by law to affirm or declare instead of swearing.

(xv) " Enactment "' shall mean a7i Enactment passed by the e. 2 of 1909.
Rulers of the Federated Malay States in Council, whether before
or after the commencement of this Enactment, and shall include
an Enactment passed by His Highness the Sultan ^ in Council
whether before or after the commencement of this Enactment, and
shall include an Order in Council or Regulation made before the
commencement of this Enactment.

(xvi) " Penal Code " shall mean the P^nal Code in force in the
Colony and shall include every statutory modification or amend-
ment thereof.

(xvii) " Police officer " shall include any member of the Police
Force of the State and " Chief Police Officer " shall mean the police e. 2 ot 1909
officer of highest rank next after the Commissioner of Police available
for duty at any time in the State.

(xviii) " Person " shall include any company or association or
body of individuals whether incorporated or not.

(xix) " Prescribed " shall mean prescribed by the Enactment in
which the word occurs or by any rules duly made thereunder.

(xx) " Public holiday " shall mean any day which under the
provisions of any law or order of the Government is to be observed
as a public holiday.

(xxi) " Registered," used with reference to a document, shall
mean registered under the provisions of the law for the time being
applicable to the registration of such document.

1 N.S. : substitute " the Yam Tuan and Chiefs of the Negri Sembilan."
J— 3

34 GENERAL CLAUSES.

(xxii) " Resident-General " shall mean the Resident- General of
the Federated Malay States.

(xxiii) " Resident " shall mean the Resident of the State of

(xxiv) "Senior Magistrate" shall mean the Senior Magistrate
of the State of .

(xxv) " Ship " shall include every description of vessel used in
navigation not exclusively propelled by oars.

(xxvi) " Sign," with its grammatical variations and cognate
expressions, shall, with reference to a person who is unable to WTite
his name, include " mark," with its grammatical variations and
cognate expressions.

(xxvii) " State " shall mean the State of and all islands

and otlier places forming part thereof and the waters adjacent
thereto.

(xxviii) " Statutory declaration " shall mean a declaration made
by virtue of the provisions of any Enactment providing for the
making of such declarations.

1 (xxix) " The Sultan " shall mean His Highness the Sultan of

the State of and shall include his heirs and successors

to the crown according to law.

(xxx) " Value," used with reference to a suit, shall mean the
amount or value of the subject matters of the suit.

(xxxi) " Will " shall include a codicil.

(xxxii) Words importing the masculine gender shall be taken to
include females.

(xxxiii) Words in the singular shall include the plural and
vice versa.

(xxxiv) " Write," with its grammatical variations and cognate
expressions, shall include " print " and " lithograph," with their
grammatical variations ajnd cognate expressions.

E. 2 of 1909. (xxxv) "Written law" shall mean and include all Enactments

and all orders, proclamations, rules, by-laws, regulations, warrants,
and process of every kind made or issued by any body or person
having authority under any statutory or other Enactment to make
or issue the same in and for the State or any part thereof.

(xxxvi) " Year " and " month " shall, respectively, mean a year
and month reckoned according to the British calendar.

Effect of 3. (i) Whenever any written law repealing either in whole or

repeals. ^^^^ ^ former AVTitten law is itself repealed, such repeal shall not

in the absence of any express provision to the contrary revive or
be deemed to have revived the repealed written law, or any right,
office, privilege, matter or thing not in force or existing when the
repealing written law comes into operation.

(ii) Whenever any written law repeals in whole or part a former

^ N.S. : substitute " The Yam Tuan and Chiefs " shall mean His Highness
the Yam Tuan and Chiefs of the State of Negri Sembilan and shall include
the heirs and successors to the crown according to law.

GENERAL CLAUSES. 35

written law and substitutes therefor some new provision, such
repeal shall not take effect until such substituted provision comes
into operation.

(iii) Whenever any written law repeals either in whole or part
a former written law, such repeal shall not in the absence of any
express provision to the contrary affect or be deemed to have
affected —

(a) The past operation of, or anything duly done or suffered

under, the repealed written law ;

(b) Any offence committed, any right, liberty, or penalty acquired

or incurred under the repealed AVTitten law ;

when the repealing written law comes into operation ;
but every such action, proceeding, or thing may be carried
on and completed as if there had been no such repeal.

(iv) This section shall apply to written laws made as well before
as after the commencement of this Enactment.

5. Any power conferred by any Enactment on the Resident- powers to be
General or Resident may be exercised from time to time as umeTo''ttoI'°'"
occasion requires.

6. Where by any Enactment which is not to come into force Making of
immediately on the passing thereof a power is conferred on the ^t^jgV"'*"^'
Resident-General or Resident, or any other body or person, to rassingand
make rules or to issue orders with respect to the application of the of Enactment!
Enactment or with respect to the establishment of any office, or the
appointment of any officer thereunder, or with respect to the person

by whom, or the time when, or the place where, or the manner in
which, or the fees for which, anything is to be done under the
Enactment, the power may be exercised at any time after the
passing of the Enactment, but rules or orders so made or issued
shall not take effect till the commencement of the Enactment.

7. (i) Where a limited time from any date or from the happen- computation
ing of any event is appointed or allowed by any written law for ''^ '™^-
the doing of any act or the taking of any proceeding in the court

or office and the last day of the limited time is a day on which
the court or office is closed, then the act or proceeding shall be
considered as done or taken in due time if it is done or taken on the
next day afterwards on which the court or office is open.

(ii) Where by any written law any act or proceeding is directed
or allowed to be done or taken in a court or office on a certain
day, then if the court or office is closed on that day the act or
proceeding shall be considered as done or taken in due time if it
is done or taken on the next day afterwards on which the court
or office is open.

(iii) Where a limited time not exceeding six days from any date
or from the happening of any event is appointed or allowed by
any written law for the doing of any act or the taking of any pro-
ceeding in a court or office, every intervening Sunday or public
holiday shall be excluded from the computation of such time.

GENERAL CLAUSES.

Provisions as
to offences
under more
than one law.

E. 25 of 1919.

OommenRement
of time.

Termination of
time.

Official chiefs
and subordi-
nates.

Successors.

Substitution of
functionaries.

E. 25 of 1919.

Keference to

repealed

Enactments.

(iv^) Where by any written law a day is named for the doing or
taking of any act or proceeding not being an act or proceeding to
be done or taken in a court or office, or for the happening of any
event, and that day falls upon a Sunday or public holiday, such
written law shall be read as if the first lawful day next succeeding
such Sunday or public holiday had been named.

(v) This section shall apply to written laws made as well before
as after the commencement of this Enactment,

8. Where an act or omission constitutes an offence under any
Enactment which offence is punishable under any other law for
the time being in force in the State the offender shall not in the
absence of express provision to the contrary be exempt from any
proceeding at common law or under such other law but he shall
not be liable to be punished twice for the same offence.

9. In all written laws —

(i) For the purpose of excluding the first in a series of days
or any period of time it shall be deemed to have been and to be
sufficient to use the word '" from " ;

(ii) For the purpose of including the last in a series of days or
any period of time it shall be deemed to have been and to be
sufficient to use the word " to " ;

(iii) For the purpose of expressing that a law relative to the
chief or superior of an office shall apply to the deputies or sub-
ordinates laAvfully executing the duties of such office in place of
such chief or superior, it shall be deemed to have been and to be
sufficient to prescribe the duty of such chief or superior ;

(iv) For the purpose of indicating the relation of a law to the
successors of any functionaries or of corporations having perpetual
succession, it shall be deemed to have been and to be sufficient to
express its relation to the functionaries or corporation ; and

(v) For the purpose of indicating the application of a law to
every person or number of persons for the time being executing the
functions of an office, it shall be deemed to have been and to be
sufficient to mention the official title of the officer executing such
functions at the time of the passing of the Enactment,

(vi) For the purpose of indicating the application of a law to a
person appointed by the High Commissiorier or by the Chief Secretary
to Government or by the Resident to act generally for and in the place
of the holder of any office or to a person deputed by or with the app'oval
of the High Commissioner, the Chief Secretary to Government, or the
Resident to exercise or perform, specific powers or duties appertaiving
to an office whereof he is not the holder, it shall be deemed to have been
and to be sufficient to express the application of such law to the holder
of the office.

10. (i) Where in any written law or document reference is made
to any written law which is subsequently repealed such reference
shall be deemed to be made to the written law by which the repeal
is effected or to the corresponding portion thereof.

GENERAL CLAUSES.

(ii) This section shall apply to written laws and documonts nia«lo
as well before as after the commencement of this Enactment.

11. Where by any Enactment power is given to make rules or
regulations or by-laws, such power shall be deemed to include the
power from time to time to vary and rescind such rules, regulations,
and by-laws and to make new ones in the stead of such as shall be
rescinded.

12. All courts of justice and all persons having by law or consent
of parties authority to take evidence shall take judicial notice of
all Enactments whether the same be of a public or private nature
and of all orders of the Resident-General or Resident published in
the Government Gazette.

13. An act shall be deemed to be done under any Enactment or
by virtue of powers conferred by any Enactment, "or in pursuance
or execution of the powers of or under the authority of any Enact-
ment, if it is done under or by virtue of or in pursuance of any
rule, order, or by-law or regulation made under any power contained
in such Enactment.

14. Whenever by any Enactment any Ordinance of the Colony
or any Indian Act is extended to this State such Ordinance or Act
shall be read Avith such formal alterations as to names, localities,
courts, offices, persons, moneys, penalties, and otherwise as may
be necessary to make the same applicable to the circumstances of
the State.

1 15. The Enactments specified in the schedule hereto, and
adoiJted as law in the State by the Courts Regulation, 1893,^ shall
be repealed to the extent mentioned in the schedule.

Tower to iTiKk*
rulcat to includa
power to vary
and rewind and
to make now
ones.

Enactments,
ct*;., to tie
judicially
noticed.

Acta done ander
rules, et<-., to
be deen)ed done
under Knact-
ment by which
rules
authorized.

Colonial Ordi-
nances, etc., to
be read with
necessary
modification.

Schedule.
ENACTMENTS REPEALED.

Ntimber.

Short title.

Extent of repeal.

Straits Settlements Ordi-
nance XIII. of 1872

Straits Settlements Ordi-
nance VII. of 1892

Summary Criminal Jur-
isdiction Ordinance.
1872

Criminal Procedure Code ,
1892

Section 12

Section 272

Omitted in N.S. and Pg.

Pk. substitute " Order in Council 12 of 1895.

COLLISION AT SEA PREVENTION.

Perak.
E. 15 of 1897
1.11.1897
13.2.1903

Selangor.
E. 8 of 1897
2.10.1897
1.11.1897

Negri Sembilan.
E. 15 of 1897
2.11.1897
19.11.1897

Paliang.
E. 22 of 1897
29.11.1897
10.1.1898

An Enactment for preventing Collisions at Sea, and for
other purposes.

It is hereby enacted by His Highness the Sultan in Council as

follows : —
Short title, com- 1. (i) This Enactment may be cited as the "Collision at Sea
repeai!'"^'^*^' ^""^ Prevention Enactment, 1897," and shall come into force upon a

date to be fixed by the Resident by notification in the Gazette.^

2 (ii) Upon the coming into force of this Enactment the Enact-
ment mentioned in the schedule shall be repealed to the extent
specified in the third column of the said schedule.

PART I.

Eules to be
followed by all
vessels.

luterpretation.

Provisions as to
lights.

PRELIMINARY.

2. (i) The rules laid down by this Enactment shall be followed
by all vessels upon the high seas, and in all waters connected
therewith, navigable by sea-going vessels.

(ii) In construing this Enactment every steam vessel which is
under sail and not under steam is to be considered a sailing vessel ;
and every vessel under steam, whether under sail or not, is to be
considered a steam vessel.

The words " steam vessel " shall include any vessel propelled by
machinery.

A vessel is " under way," within the meaning of this Enactment,
when she is not at anchor, or made fast to the shore, or ground.

PART II.
RULES CONCERNING LIGHTS, ETC.

3. (i) The word "visible" in this Enactment, -when applied to
lights, shall mean visible on a dark night with a clear atmosphere.

(ii) The provisions of this Enactment concerning lights shall be
complied with in all weathers from sunset to sunrise, and during

1 N.S. and Pg. " upon the publication thereof in the GazeWe."

2 Omitted in N.S. and Pg.

COLLISION AT SEA PREVENTION. 39

such time no other lights which may be mistaken for the prescribed
lights shall be exhibited.

4. A steam vessel when under way shall carry— u^ht, to b«

(a) On or in front of the foremast, or, if a vessel without a fore- 'srelj^v^i

mast, then in the fore part of the vessel, at a height above "^"^^^ *''•
the hull of not less than twenty feet, and if the breadth
of the vessel exceeds twenty feet, then at a height above
the hull not less than such breadth, so, however, that the
light need not be carried at a greater height above the hull
than forty feet, a bright white light, so constructed as to
show an unbroken light over an arc of the horizon of
twenty points of the compass, so fixed as to throw the
light ten points on each side of the vessel — viz., from
right ahead to two points abaft the beam on either side
— and of such a character as to be visible at a distance
of at least five miles ;

(b) On the starboard side a green light so constructed as to

show an unbroken light over an arc of the horizon of ten
points of the compass, so fixed as to throw the light from
right ahead to two points abaft the beam on the starboard
side, and of such a character as to be visible at a distance
of at least two miles ;

unbroken light over an arc of the horizon of ten points
of the compass, so fixed as to throw the light from right
ahead to two points abaft the beam on the port side, and
of such a character as to be visible at a distance of at
least two miles ;

(d) The said green and red side lights shall be fitted with in-

board screens projecting at least three feet forward from
the lights, so as to prevent these lights from being seen
across the bow ;

(e) A steam vessel when under way may carry an additional

white light similar in construction to the light mentioned
in clause (a). These two lights shall be so placed in line
with the keel that one shall be at least fifteen feet higher
than the other, and in such a position with reference to
each other that the lower light shall be forward of the
upper one. The vertical distance between these lights
shall be less than the horizontal distance.

5. (i) A steam vessel when towing another vessel shall, in addi- i-'^'?*^ *^ ''^
tion to her side lights, carry two bright white lights in a vertical gteam vessel
line one over the other, not less than six feet apart ; and when ^^ »°°thcr
towing more than one vessel shall carry an additional bright white

light six feet above or below such lights, if the length of tow, mea-
suring from the stern of the towing vessel to the stern of the last
vessel towed, exceeds six hundred feet. Each of these lights shall
be of the same construction and character, and shall be carried m
the same position, as the white light mentioned in Section 4 clause
(a), except the additional light, which may be carried at a height
of not less than fourteen feet above the hull.

COLLISION AT SEA PREVENTION.

Li;,'hts to bo
carried by
TCMel not under
comniaud ;

Or picking up
telegraph cable.

Lights to be
carried by
sailing vessel
under way or
vessel towed.

Provisions
when side
lights cannot be
fixed.

(ii) Sueli steam vessel may carry a small white liglit abaft the
fumu'l or after mast for the vessel towed to steer by, but such light
shall not be visible forward of the beam.

6. (i) A vessel which from any accident is not under command,
shall carry at the same height as the white light mentioned in
Section 4 clause (a), where they can best be seen, and, if a steam
vessel, in lieu of that light, two red lights in a vertical line one
over the other, not less than six feet apart, and of such a character
as to be visible all round the horizon at a distance of at least two
miles ; and shall, by day, carry in a vertical line one over the
other, not less than six feet apart, where they can best be seen,
two black balls or shapes, each two feet in diameter.

(ii) A vessel employed in laying or in picking up a telegraph
cable shall carry in the same position as the white light mentioned
in Section 4 clause (a), and, if a steam vessel, in lieu of that light,
three lights in a vertical line one over the other, not less than six
feet apart. The highest and lowest of these lights shall be red,
and the middle light shall be white, and they shall be of such a
character as to be visible all round the horizon at a distance of
at least two miles. By day she shall carry, in a vertical line one
over the other, not less than six feet apart, where they can best
be seen, three shapes, not less than two feet in diameter, of which
the highest and lowest shall be globular in shape and red in colour,
and the middle one diamond in shape and white.

(iii) The vessels referred to in this section, when not making way
through the water, shall not carry the side lights, but when making
way shall carry them.

(iv) The lights and shapes required to be shown by this section
are to be taken by other vessels as signals that the vessel showing
them is not under command, and cannot therefore get out of the
way.

These signals are not signals of vessels in distress and requiring
assistance.

7. A sailing vessel under way, and any vessel being towed, shall
carry the same lights as are prescribed by Section 4 for a steam
vessel under way, with the exception of the white lights mentioned
therein, which they shall never carry.

8. (i) Whenever, as in the case of small vessels under way during
bad weather, the green and red side lights cannot be fixed, these
lights shall be kept at hand, lighted and ready for use, and shall,
on the approach of or to other vessels, be exhibited on their re-
spective sides in sufficient time to prevent collision, in such manner
as to make them most visible, and so that the green light shall not
be seen on the port side nor the red light on the starboard side,
nor, if practicable, more than two points abaft the beam on their
respective sides.

(ii) To make the use of these jjortable lights more certain and
easy, the lanterns containing them shall each be painted outside
with the colour of the light they respectively contain, and shall be
provided ^vith proper screens.

COLLISION AT SEA PREVENTION. 41

9. (i) Steam vessels of less than forty, and vessels under oars or ProvUions as to
sails of less than twenty, tons gross tonnage, respectively, and ea?riid'ify*° ^^
rowing boats, when under way, shall not be obliged to carry the certain small
lights mentioned in Section 4 clauses (a), (i),and (c), but if they do '®^^^"

not carry them they shall be provided with the following lights : —

(ii) Steam vessels of less than forty tons shall carry —

(a) In the fore part of the vessel, or on or front of the funnel,
where it can best be seen, and at a height above the
gunwale of not less than nine feet, a bright white light,
constructed and fixed as prescribed in Section 4 clause
(a), and of such a character as to be visible at a distance
of at least two miles ;

(h) Green and red side lights constructed and fixed as prescribed
in Section 4 clauses (b) and (c), and of such a character
as to be visible at a distance of at least one mile, or a
combined lantern showing a green light and a red light
from right ahead to two points abaft the beam on their
respective sides. Such lantern shall be carried not less
than three feet below the white light.

(iii) Small steamboats, such as are carried by sea-going vessels,
may carry the white light at a less height than nine feet above the
gunwale, but it shall be carried above the combined lantern,
mentioned in sub-section (ii) clause (6) of this section.

(iv) Vessels under oars or sail, of less than twenty tons, shall
have ready at hand a lantern with a green glass on one side and
a red glass on the other, which, on the approach of or to other
vessels, shall be exhibited in sufficient time to prevent collision,
so that the green light shall not be seen on the port side nor the
red light on the starboard side.

(v) Rowing boats, whether under oars or sail, shall have ready
at hand a lantern showing a white light, which shall be temporarily
exhibited in sufficient time to prevent collision.

The vessels referred to in this section shall not be obliged to
carry the lights prescribed by Section 6 sub-section (i) and Section
12 sub-section (iv).

10. (i) Pilot vessels, when engaged on their station on pilotage piiot vessels.
duty, shall not show the lights required for other vessels, but shall

carry a white light at the masthead, visible all round the horizon,
and shall also exhibit a flare-up light or flare-up lights at short
intervals, which shall never exceed fifteen minutes.

(ii) On the near approach of or to other vessels they shall have
their side lights lighted, ready for use, and shall flash or show them
at short intervals, to indicate the direction in which they are
heading, but the green light shall not be shown on the port side nor
the red light on the starboard side.

(iii) A pilot vessel of such a class as to be obliged to go alongside
of a vessel to put a pilot on board, may show the white light
instead of carrying it at the masthead, and may, instead of the

COLLISION AT SEA PREVENTION.

Lights to be
carried by
vessels at
anchor ;

coloured lights above mentioned, have at hand ready for use a
lantern with a green glass on the one side and a red glass on the
other, to be used as prescribed above.

(iv) Pilot vessels, when not engaged on their station on pilotage
duty, shall carry lights similar to those of other vessels of their
tonnage.

vcajei being 11. (i) A vcsscl which is being overtaken by another shall show

overtaken. from hcr stcm to such last-mentioned vessel a white light or a

flare-up light.

(ii) The white light required to be shown by this section may be
fixed and carried in a lantern, but in such case the lantern shall be
so constructed, fitted and screened that it shall throw an unbroken
light over an arc of the horizon of twelve points of the compass —
viz., for six points from right aft on each side of the vessel — so as
to be visible at a distance of at least one mile. 8uch light shall be
carried as nearly as practicable on the same level as the side lights.

12. (i) A vessel under one hundred and fifty feet in length, when
at anchor, shall carry forward, where it can best be seen, but at
a height not exceeding twenty feet above the hull, a white light,
in a lantern so constructed as to show a clear, uniform, and un-
broken light visible all round the horizon at a distance of at least
one mile.

(ii) A vessel of one hundred and fifty feet or upwards in length,
when at anchor, shall carry in the forward part of the vessel, at
a height of not less than twenty, and not exceeding forty feet
above the hull, one such light, and at or near the stern of the vessel,
and at such a height that it shall be not less than fifteen feet lower
than the forward light, another such light.

(iii) The length of a vessel shall be deemed to be the length
appearing in her certificate of registry.

Or aground. (iv) A vcssel aground in or near a fair-way shall carry the above

light or lights, and the two red lights prescribed by Section 6
sub-section (i).

What may be 13. Evcry vcssel may, if necessary, in order to attract attention,

atteltton!"'*''* ^^ addition to the lights which she is by this Enactment required

to carry, show a flare-up light or use any detonating signal that

cannot be mistaken for a distress signal.

14. Nothing in this Enactment shall interfere with the operation
of any special rules made by the Government of any nation with
respect to additional station and signal lights for two or more
ships of war, or for vessels sailing under convoy, or with the ex-
hibition of recognition signals adopted by shipowTiers, which have
been authorised by their respective Governments, and duly regis-
tered and published.

15. A steam vessel proceeding under sail only, but having her
funnel up, shall carry in day-time, forward, where it can best be
seen, one black ball or shape two feet in diameter.

Enactment not
to interfere with
certain special
rules.

Steam vessel
under sail.

COLLISION AT SEA PREVENTION. 43

PART III.

SOUND SIGNALS FOR FOG, ETC.

16. (i) All signals prescribed by this section for vessels under provisions as to
way shall be given— sound signaia.

(a) By " steam vessels," on the whistle or siren ;

(b) By " sailing vessels and vessels towed," on the fog-horn.

The words " prolonged blast," used in this section, shall mean a
blast of from four to six seconds' duration.

(ii) A steam vessel shall be provided with an efificient whistle or
siren, sounded by steam or some substitute for steam, so placed
that the sound may not be intercepted by any obstruction, and
with an efficient fog-horn, to be sounded by mechanical means,
and also with an efficient bell or gong. A sailing vessel of twenty
tons gross tonnage or upwards shall be provided with a similar
fog-horn and bell.

(iii) In fog, mist or heavy rain storms, whether by day or night,
the signals described in this section shall be used as follows — viz.,

(a) A steam vessel having way upon her shall sound, at intervals
of not more than two minutes, a prolonged blast ;

(6) A steam vessel under way, but stopped and having no way
upon her, shall sound, at intervals of not more than two
minutes, two prolonged blasts, with an interval of about
one second between them ;

more than one minute, when on the starboard tack, one
blast, when on the port tack, two blasts in succession,
and when with the wind abaft the beam, three blasts in
succession ;

(d) A vessel when at anchor shall, at intervals of not more than

one minute, ring the bell or gong rapidly for about five
seconds ;

(e) A vessel when towing a vessel employed in laying or in

picking up a telegraph cable, and a vessel under way
which is unable to get out of the way of an approaching
vessel through being not under command, or unable to
manoeuvre as required by this Enactment, shall, instead
of the signals prescribed in clauses (a) and (c) of this sub-
section, at intervals of not more than two minutes, sound
three blasts in succession— viz., one prolonged blast
followed by two short blasts. A vessel towed may give
this signal, and she shall not give any other.

(iv) Sailing vessels and boats of less than twenty tons gross
tonnage shall not be obliged to give the above-mentioned signals,
but if they do not, they shall make some other efficient sound signal
at intervals of not more than one minute.

COLLISION AT SEA PREVENTION.

Speed to be
moderate.

SPEED OF SHIPS TO BE MODERATE IN FOG, ETC.

17. (i) Every vessel shall, in a fog, mist, or heavy rain storms,
go at a moderate speed, having careful regard to the existing cir-
cumstances and conditions.

(ii) A steam vessel hearing, apparently forward of her beam,
the fog-signal of a vessel the position of which is not ascertained,
shall, so far as tiie circumstances of the case admit, stop her engines,
and then navigate with caution until danger of collision is over.

rrovision as to

sailing vessels
approactiiiip;
one another.

Same as to
steam vesBels.

PART IV.

STEERING AND SAILING RULES.
RISK OF COLLISION.

Note. — Risk of collision can, when circumstances permit, be ascertained by
carefully watching the compass bearing of an approaching vessel. If the
bearing does not appreciably change, such risk should be deemed to exist.

18. When two sailing vessels are approaching one another, so as
to involve risk of collision, one of them shall keep out of the way of
the other, as follows — viz.,

(a) A vessel which is running free shall keep out of the way of a

vessel which is close-hauled ;

(b) A vessel which is close-hauled on the port tack shall keep out

of the way of a vessel which is close-hauled on the star-
board tack ;

the vessel which has the wind on the port side shall keep
out of the way of the other ;

(d) When both are running free, with the wind on the same side,

the vessel which is to windward shall keep out of the way
of the vessel which is to leeward ;

(e) A vessel which has the wind aft shall keep out of the way of

the other vessel.

19. (i) When two steam vessels are meeting end on, or nearly
end on, so as to involve risk of collision, each shall alter her course to
starboard, so that each may pass on the port side of the other.

(ii) This article only applies to cases where vessels are meeting
end on, or nearly end on, in such a manner as to involve risk of
collision, and does not apply to two vessels which must, if both keep
on their respective courses, pass clear of each other.

(iii) The only cases to which it does apply are when each of the
two vessels is end on, or nearly end on, to the other ; in other words,
to cases in which, by day, each vessel sees the masts of the other in a
line, or nearly in a line, with her own ; and by night, to cases in which
each vessel is in such a position as to see both the side lights of the
other.

(iv) It does not apply, by day, to cases in which a vessel sees
another ahead crossing her own course ; or, by night, to cases where
the red light of one vessel is opposed to the red light of the other, or

COLLISION AT SEA PREVENTION. 45

where the green light of one vessel is opposed to the green light of the
other, or where a red light without a green light, or a green light
without a red light, is seen ahead, or where both green and red lights
are seen anywhere but ahead.

20. When two steam vessels are crossing, so as to involve risk of steam veaaen
collision, the vessel which has the other on her own starboard side "o^ing.
shall keep out of the way of the other.

21. When a steam vessel and a sailing vessel are proceeding in steam and saii-
such directions as to involve risk of collision, the steam vessel shall 'jf'comafon" '^"''
keep out of the way of the sailing vessel.

22. Where, by any of the provisions of this Enactment, one of two when one
vessels is to keep out of the way, the other shall keep her course and keeiT'out^^of the

speed. ""^y, the other

to keep course
[Note. — Wlien,in consequence of thick weather or other causes?, such vessel an.l speed,
finds herself so close that collision cannot be avoided by the action of the giving
way vessel alone, she also shall take such action as will best aid to avert
collision.]

23. Every vessel which is directed by the provisions of this Enact- vessels to avoid
ment to keep out of the way of another vessel shall, if the circum- crossing ahead,
stances of the case admit, avoid crossing ahead of the other.

24. Every steam vessel which is directed by the provisions of this when steam
Enactment to keep out of the way of another vessel shall on "^^f^^ *° slacken
approaching her, if necessary, slacken her speed, or stop, or reverse.

25. (i) Notwithstanding anything contained in this Enactment, vessel ovcr-
every vessel overtaking any other shall keep out of the way of the '*^*°e another.
overtaken vessel.

(ii) Every vessel coming up with another vessel from any direction
more than two points abaft her beam — that is to say, in such a posi-
tion, with reference to the vessel which she is overtaking, that at night
she would be unable to see either of that vessel's side-lights — shall
be deemed to be an overtaking vessel ; and on subsequent alteration
of the bearing between the two vessels shall make the overtaking
vessel a crossing vessel within the meaning of this Enactment or
relieve her of the duty of keeping clear of the overtaken vessel until
she is finally past and clear.

(iii) As by day the overtaking vessel cannot always know with
certainty whether she is forward of or abaft this direction from the
other vessel, she should, if in doubt, assume that she is an overtaking
vessel and keep out of the way.

26. In narrow channels every steam vessel shall, when it is safe Narrow
and practicable, keep to that side of the fair-way or mid-channel '=^*°°««-
which lies on the starboard side of such vessel.

27. Sailing vessels under way shall keep out of the way of sailing Boats fishing,
vessels or boats fishing vidth nets, or lines, or trawls. This section

shall not give to any vessel or boat engaged in fishing the right of
obstructing a fair- way used by vessels other than fishing vessels.

28. In obeying and construing this Enactment due regard shall be ^°"^'/^fJ°" ^^
had to all dangers of navigation and collision, and to any special
circumstances which may render a departure from the provisions of

this Enactment necessary in order to avoid immediate danger.

COLLISION AT SEA PREVENTION.

Vessels in si(;lit
of ODe aaotlier.

PART V.

SOUND SIGNALS FOR VESSELS IN SIGHT OF ONE

ANOTHER.

29. (i) The words " short blast " used in this section shall mean
a blast of about one second's duration,

(ii) When vessels are in sight of one another, a steam vessel
under way, in talcing any course authorized or recjuired by this
Enactment, shall indicate that course by the following signals on her
whistle or siren — viz.,

One short blast to mean, " I am directing my course to star-
board " ;

Two short blasts to mean, " I am directing my course to port " ;

Three short blasts to mean, " My engines are going full speed
astern."

PART VI.

NO VESSEL UNDER ANY CIRCUMSTANCES TO NEGLECT
PROPER PRECAUTIONS.

Nothing in 30. Nothing in this Enactment shall exonerate any vessel, or the

M^ne^te Vom owncr, or master, or crew thereof, from the consequences of any
nepieot"^"'^^^ °' ucglcct to Carry lights or signals, or of any neglect to keep a proper
look out, or of the neglect of any precaution which may be required
by the ordinary practice of seamen, or by the special circumstances
of the case.

neglect.

Reservation of
special rules.

PART VII.

RESERVATION OF RULES FOR HARBOURS AND
INLAND NAVIGATION.

31. Nothing in this Enactment shall interfere with the operation
of a special rule, duly made by local authority, relative to the navi-
gation of any harbour, river, or inland waters.

Distress signals.

PART VIII.

DISTRESS SIGNALS.

32. When a vessel is in distress and requires assistance from other
vessels or from the shore, the following shall be the signals to be used
or displayed by her, either together or separately — viz.,

In the daytime —

(a) A gun or other explosive signal fired at intervals of about a
minute ;

(6) The International Code signal of distress indicated by N.C. ;

(c) The distant signal, consisting of a square flag having either
above or below it a ball or anything resembling a ball ;

COLLISION AT SEA PREVENTION.

(d) A continuous sounding with any fog-signal apparatus.
At night —

(a) A gun or other explosive signal fired at intervals of about a

minute ;

(b) Flames on the vessel (as from a burning tar-barrel, oil-barrel,

etc.) ;

fired one at a time, at short intervals ;

(d) A continuous sounding with any fog-signal apparatus.

PART IX.

PENALTIES.

33. Any owner, master, or person in charge of a ship, who shall penalty.
wilfully or negligently commit any breach of the provisions of this
Enactment shall, on conviction, be liable to fine which may amount
to five hundred dollars, or to imprisonment of either description for
any period not exceeding twelve months.

The Schedule.!
ENACTMENTS REPEALED.

Number.

Pk. : 0. in C. 4 of 1894
Sel. : Regulation III.
of 1894.

Short title.

Ships' Lights
Shipping Lights Regula-
tion, 1894.

Extent of repeal.

The whole
The whole

1 Omitted in N.S. and Pg.

STAIIP.

ferak.

Selangor.

Negri Sembilan,

Pahang.

E. 14 of 1897

E. 10 of 1897

E. 20 of 1897

1.11.1897

1.12.1897

2.11.1897

29.11.1897

5.11,1897

3.12.1897

19.11.1897

10.1.1898

as amended by Fed. E. 4 of 1915, 22 of 191G, and 7 of 1920.

An Enactment to consolidate and amend the Law relating
to Stamps.

Preamble. Whereas it is expedient to consolidate and amend the law relating

to stamps :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

PART I.

PRELIMINARY.

Short title and 1. This Enactment may be cited as the " Stamp Enactment,
commencement. j^Qy " ^nd shall comc into foTcc upon the publication thereof in the
Gazette.

Kepeai. 2. On the coming into force of this Enactment, the several Enact-

ments specified in the first schedule hereto shall be repealed to the
extent in that schedule mentioned.

Interpretation
clause.

" Bill of
lading."

' Bond."

Chapter I.

INTERPRETATION.

3. In this Enactment, unless there is something repugnant in the
subject or context —

(1) " Banker " includes a bank and any person acting as a banker ;

(2) " Bill of lading " means any instrument signed by the owner
of a vessel or his agent acknowledging the receipt of goods therein
described and undertaking to deliver the same at a place and to a
person therein mentioned or indicated, or to order ;

(3) " Bond " means—

(rt) Any instrument whereby a person obliges himself to pay
money to another on condition that the obligation shall be
void if a specified act is performed or is not performed, as
the case may be ;

(6) Any instrument attested by a witness and not payable to
order or bearer whereby a person obliges himself to pay
money to another ;

STAMP. 49

(4) " Charge " includes every instrument whereby for the purpose " charge.-
of securing money advanced or to be advanced by way of loan, or an
existing or future debt, or tlie performance of an engagement, one
person transfers or creates to or in favour of another a right over or
charge on specified property ;

(5) " Chargeable " means as applied to an instrument executed or " ciiargeabie.-
first executed after this Enactment comes into force chargeable with

stamp duty under this Enactment and as applied to any other instru-
ment chargeable under the law in force in the State when such
instrument was executed ; or where several persons executed the
instrument at different times first executed ;

(6) " Cheque " means a bill of exchange drawn on a banker and "cheque."
payable on demand ;

(7) " Chief Revenue Authority " means the Secretary to Govern- "cwef Revenue

ment ; Authority.-

(8) " Collector" means any officer whom the Resident may by "Collector.-
notification in the Gazette appoint in this behalf by name or in virtue

of his office ;

(9) " Conveyance '' means any instrument and any decree or order " conveyance."
of court by which property (whether movable or immovable) is
transferred on sale ;

(10) "Duly stamped," as applied to an instrument, means "Duly
stamped in accordance with the law in force in the State when such ^**™p®'^-
instrument was executed or first executed ;

(11) " Executed " and " execution," with reference to instruments " Executed.-;^
not under seal, mean signed and signature ;

(12) " Instrument " means and includes every written document ; " instrument."

(13) " Instrument of partition " means any instrument whereby " instrument of
co-owners of any property divide or agree to divide such property in Petition."
severalty ;

(14) " Lease " means a lease of immovable property and includes " Lease."
also : —

(a) Any instrument by which tolls, rents, or profits of any de-
scription are let to farm ;

{h) Any writing on an application for a lease intended to signify
that the application is granted ;

(15) " Paper" includes vellum, parchment, or any other material "Paper."
on which an instrument may be written ;

(16) "Power of attorney" means any instrument, except a ..power of
warrant to act as a solicitor in a judicial proceeding, empowering a attorney."
specified person to act in the stead of the person executing it ;

(17) "Receipt" means any note, memorandum, writing, or -Receipt."
acknowledgment given for the payment of money or in acquittal

of a debt or demand or part of a 'debt or demand paid in money
or otherwise ;
1—4

STAMP.

Settlement.'

' Vessel.'

Written."
Writing."

(18) "Settlement" means any non-testamentary disposition in
writing of movable or immovable property made —

(a) In considcTation of marriage ;

(h) For the purpose of distributing property of the settlor
among his family or those for wiiom ho desires to pro-
vide ; or

It includes an agreement in writing to make such a disposition ;

(19) " The court " means the highest civil court of first instance
in the State.

(20) " Vessel " means anything made for the conveyance by
water of human beings or property ;

(21) "Written" and "writing" include every mode in which
words or figures can be expressed upon paper.

Cheques drawn
on forms sup-
plied by a privi-

PART II.
STAMP DUTIES.
Chapter II.
OF THE LIABILITY OF INSTRUMENTS TO DUTY.

BANK CHEQUES.

4. (i) It shall be lawful for the Resident by an order to be pub-
lished in the Gazette to authorize any bank doing business in the

leged bank State to compound for the payment of unstamped cheques on the

need not bear a»,,. t,- x*/ tr n.

stamp. lollowmg conditious : —

(a) That the said cheques be dravra and issued on forms to be

supplied by the said bank ;

(b) That the said bank do levy upon or charge to the person to

whom such cheques are issued the stamp duty mentioned
in the second schedule ;

in each year to the Collector of Stamps the amount due
and collected thereon as duties on such unstamped cheques,
less five cents per dollar to be allowed to such bank as
discount on the sum so due and collected as stamp duty.

(ii) Cheques drawn and issued on forms so supplied by such bank
as aforesaid may be paid without bearing on them the stamp-
mentioned in the second schedule.

Composition
allowed of duty
on bank notes.

BANK NOTES.

5. (i) The Resident may authorize any banker, having by law
authority to issue bank notes in the State, upon giving such security
for payment of the composition hereinafter mentioned, and for
keeping, producing, and rendering accounts as the Resident may
think fit, to issue bank notes on unstamped paper and to compound
for the duty payable thereon by payment to the Collector within
the first five days of each month of one-forty-eighth per cent, on

STAMP.

Mode of ascer-
taining the
averase in
circulation.

Inspection of
banker's books.

the average value of such notes in circulation during the immediately
preceding month.

(ii) Every banker issuing bank notes shall on the first day of Bankers to
each month transmit to the Collector an account of the average render account
circulation oi his notes during the immediately preceding month, cuiation.
signed by himself and by his accountant, and in the case of a
company or partnership by the manager or a partner and by the
accountant.

(iii) To ascertain the monthly average, the aggregate value of
the notes in circulation on every day of business during the month
shall be divided by the number of days of business in such month
and the average so ascertained shall be deemed to be the average
in circulation. All bank notes shall be deemed to be in circulation
from the time the same shall have been issued until the same shall
have been actually returned.

(iv) Every book of every banker in which is entered any account,
minute, or memorandum of or relating to the bank notes issued by
him or in circulation ; or any account, minute, or memorandum the
sight or inspection whereof may tend to secure the rendering of
true accounts or to test the truth of any such account ; shall be
open for the inspection and examination at all reasonable times of
the Collector, who shall be at liberty to take copies thereof or
extracts therefrom. Provided always that the Collector shall not
exercise the powers aforesaid without the authority of the Resident.

(v) Bank notes issued under the provisions of this section may
be from time to time reissued without being liable to any stamp
duty by reason of such reissuing.

(vi) The term " bank note " means and includes —

(a) Any bill of exchange or promissory note issued by any
banker for the payment of money not exceeding five
hundred dollars to the bearer on demand ;

(6) Any bill of exchange or promissory note so issued which
entitles or is intended to entitle the bearer or holder
thereof without endorsement or without any further or
other endorsement than may be thereon at the time of
the issuing thereof to the payment of money not exceeding
five hundred dollars on demand, whether the same be so
expressed or not and in whatever form and by whomso-
ever such bill or note is drawn or made.
The term " banker " means and includes any corporation, society,

partnership, and persons and every individual person carrying on

the business of banking in the State.

Bank notes may
be reissued.

Bank notes and
banker defined.

SEVERAL mSTRUMENTS.

6. Where in the case of any sale, lease, charge, or settlement several instru-
several instruments are employed for completing the transaction, J^„j,ie trans-
the principal instrument only shall be chargeable -with the duty »ct'on»-
prescribed for the conveyance, lease, charge, or settlement in the
second schedule, and each of the other instruments shall be charge-
able with a duty of half a dollar only.

STAMP.

The parties may determine for themselves which of the instru-
ments so employed shall for the purpose of this section be deemed
to be the principal instrument.

Iiistrumeiita re-
lating to several
distinct matters.

Instruments
coming within
several descrip-
tions of
schedule II.

SEVERAL MATTERS.

7. Any instrument comimsing or relating to several distinct
matters shall be chargeable with the aggregate amount of th^
duties with which separate instruments each comprising or relating
to one of such matters would be chargeable under this Enactment.

Subject to the provisions of the first clause of this section, an
instrument so framed as to come within two or more of the descrip-
tions in the second schedule shall, where the duties chargeable
thereunder are different, be chargeable only with the highest or
one of the highest of such duties ; but nothing herein contained
shall render chargeable with duty exceeding half a dollar a counter-
part or duplicate of any instrument chargeable with duty and in
respect of which the proper duty has been paid.

Duties, how to
be paid.

Chapter III.

OF STAMPS AND THE MODE OF USING THEM.

8. All duties with which any instruments are chargeable under
this Enactment shall be paid and such payment shall be indicated
on such instruments by means of adhesive stamps, and the word
" stamp " in this Enactment means an adhesive stamp.

Cancellation of
stamps.

E. 4 of 1915.

CANCELLATION OF STAMPS.

9. (i) Stamps used for any of the instruments described under
any of the following articles in the second schedule to this Enact-
ment—that is to say, Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9. 10, 13. 14, 15, 16,
18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31a,i 33, 34, 36— shall be
cancelled as follows : — The instrument or the paper on which it is
proposed to be written, shall be taken to a stamp office and the
stamp shall there be cancelled by having the words " Stamp
Office," with the name of the district and the date written or
printed, partly on the stamp and partly on the paper to which the
stamp is affixed.

(ii) Stamps used for any of the instruments described under any
of the articles in the second schedule of this Enactment, other
than the articles mentioned in the last preceding sub-section hereof,
shall be cancelled as follows : — Whoever affixes any such stamp
to any instrument chargeable with duty and which has been executed
by any person shall, when affixing such stamp, cancel the same by
writing or marking distinctly the date in ink either wholly on the
stamp or partly on the stamp and partly on the paper on which
the stamp is affixed, or in such other manner as the Resident may
from time to time direct, so that the stamp cannot be used again ;
and whoever executes any instrument on any paper bearing a
stamp shall at the time of execution, unless such stamp has been

1 3lA added by E. 4 of 1915.

STAMP. 53

already cancelled in manner aforesaid, cancel the same in manner
aforesaid so that it cannot be used again.

(iii) Any instrument bearing a stamp which has not been so wuen deemed
cancelled that it cannot be used again shall, so far as such stamp ""^^amped.
is concerned, be deemed to be unstamped.

RULES FOR USE OF STAMPS.

10. No second instrument chargeable with duty shall be written oniy one instr*
upon a piece of stamped paper upon which an instrument charge- "ame stamped
able with duty has already been written. paper.

Provided that nothing in this section shall prevent any endorse- Except endorse-
ment which is duly stamped or is not chargeable with duty being '"®"'*-
made upon any instrument for the purpose of transferring or extin-
guishing any right created or evidenced thereby, or of acknowledging
the receipt of any money or goods the payment or delivery of
which is secured thereby, or of any power of attorney or other
instrument immediately connected with the proper use or operation
of the principal instrument.

11. Every instrument written in contravention of Section 10 what un-
shall be deemed to be unstamped. stamped.

OTHER INSTRUMENTS.

12. Where the duty wath which an instrument is chargeable, or Denoting duty.
its exemption from duty, depends in any manner upon the duty
actually paid in respect of another instrument, the payment of

such last-mentioned duty shall, on application to the Collector for
that purpose and on production of both the instruments, be denoted
upon such first-mentioned instrument by the Collector writing
thereon the words " Duty paid," with his signature and the date,
or in such other manner as the Resident may by rule prescribe.

AGREEMENT STAMPS.

13. (i) When an agreement is evidenced by one or more letters Agreements
between the parties which letters were not stamped before being feuere'how""
used, it shall be lawful for the Collector, on being satisfied that stamped.
the omission to have the letter or letters stamped did not arise

from an intention to evade payment of stamp duty, to affix the
proper stamp on the letter or on any one of the letters evidencing
the contract on payment of the duty and a further duty of one
dollar by way of adjudication fee.

(ii) On stamping any letter under this section the Collector shall How certified.
write or cause to be written on the letter the words " Duly stamped,"
and shall add his signature or initials thereto and the day, month,
and year in which the letter was stamped.

(iii) When a letter is so stamped all the letters forming together Proof, how
the agreement may be used in evidence to prove the agreement *"* ""
stated or partly stated in the letter so stamped.

STAMP.

Instruments to
be stamped on
execution.

Or on reason-
able cause
shown within
three days after.

How certified.

Instruments to
be stamped.

Chapter IV.
OF THE TIME OF STAMPING INSTRUMENTS.

IN THE STATE.

14. Subject to the provisions of the next succeeding section all
instruments chargeable with duty and executed by any person in
the State shall be stamped before or at the time of execution.

15. Any instrument unstamped or not suflicicntly stamped may
be stamped by the Collector at any time within three days, exclu-
sive of Sundays and holidays, if the Collector be satisfied that the
omission to stamp has not arisen from intent to evade the stamp
duties.

On stamping any instrument under this section the Collector
shall write or cause to be written on the instrument the words
" Duly stamped," and shall add his signature or initials thereto
and the day, month, and year on which the instrument was stamped.

OUT OF THE STATE.

16. Every instrument chargeable with duty executed only out of
the State, and not being a bill of exchange, cheque, or promissory
note, may be stamped at any time before being used in the State.

Bills and
cheques drawn
out of the state.

E. 4 of 1915.

BILLS OF EXCHANGE.

17. (i) The first holder in the State of any hill of exchange or cheque
drawn out of the State shall, before he presents the same for 'payment
or endorses, transfers, or otherwise negotiates the same in the State,
affix thereto the proper stamp and cancel the same.

If at any time when such bill or cheque comes into the hands of any
bona fide holder thereof there is affixed thereto tJie proper adhesive stamp
not duly cancelled, it shall be competent for such holder to cancel
such stamp, as if he were the person by whom it was affixed, and upon
his doing so such hill or cheque shall be deemed duly stamped.

(ii) The first holder in the State of any promissory note made out
of the State shall within seven days after such note is first in his pos-
session within the State and before he presents the same for payment
or endorses, transfers, or otherwise negotiates the same in the State
affix to such note the proper stamp and take the same to a stamp office
and present it for cancellation of the stamp in the manner prescribed
by sub-section (i) of Section 9.

(iii) // at the time when any bill of exchange, cheque, or promissory
note drawn 'or made out of the State comes into the hands of any holder
thereof in the State the proper stamp is affixed thereto and cancelled
in manner prescribed by Section 9, and such holder has no reason to
believe that such stamp was affixed or cancelled otherwise than by the
person and at the time required by this Enactment, such stamp shall
so far as relates to such holder be deemed to have been duly affixed
and cancelled.

(iv) Nothing contained in this section shall relieve any person
from any penalty incurred by him for omitting to affix or cancel a
stamp.

STAMP. 55

Chapter V.
OF VALUATION FOR DUTY.

18. (i) Where an instrument is chargeable with ad valorem duty Conversion of
in respect of an amount expressed in pounds sterling, rupees, '^"re^^a in
francs, guilders, taels, or Siamese ticals, such duty shall be esti- certain curreu-
mated according to a scale to be fixed from time to time by the
Resident by notification in the Gazette.

(ii) When a scale is not fixed as above prescribed for any par- Provigo.
ticular currency it shall be calculated at the current market rate
of exchange on the day of the date of the instrument, or on the
day it is stamped if executed out of the State.

19. Where an instrument is chargeable with ad valorem duty in stocic and
respect of any stock or of any marketable security, such duty shall ^curiu^how
be calculated on the value of such stock or security according to '"^'^^^'^•
the average price thereof on the day of the date of the instrument.

20. Where an instrument contains a statement of current rate Effect of state-
of exchange or average price, as the case may require, and is ^chlnge'^or^ "*
stamped in accordance with such statement, it shall, so far as average price,
regards the subject-matter of such statement, be presumed until

the contrary is proved to be duly stamped.

INTEREST.

21. Where interest is expressly made payable by the terms of instruments
an instrument, such instrument shall not be chargeable with duty interest."
higher than that with which it would have been chargeable had

no mention of interest been made therein.

DEBT OR FURTHER PAYMENT.

22. Where any property is transferred to any person in con- How transfer in
sideration wholly or in part of any debt due to him, or subject debt or subject
either certainly or contingently to the payment or transfer of any ^6^!"^.^^'
money or stock, whether being or constituting a charge or incum- charged.
brance upon the property or not, such debt, money, or stock is

to be deemed the whole or part as the case may be of the considera-
tion in respect whereof the transfer is chargeable with ad valorem
duty.

ANNUITIES.

23. Where an instrument is executed to secure the payment valuation in

11 • T 11 iT iU case of annuity,

of an annuity or other sum payable periodically, or where tne etc
consideration for a conveyance is an annuity or other sum payable
periodically, the amount secured by such instrument or the
consideration for such conveyance (as the case may be) shall for
the purposes of this Enactment be deemed to be —

(a) Where the sum is payable for a definite period so that the

total amount to be paid can be previously ascertained,

such total amount ;
{h) Where the sum is payable in perpetuity or for an indefinite

time not terminable with any life in being at the date of

such instrument or conveyance, the total amount which

STAMP.

accordinti; to the terms of .such instrument or conveyance
Avill or may b<' payable during the period of fifteen years
next after the date of such instrument or conveyance ; and

(c) Where the sum is payable for an indefinite time terminable
with any life in being at the date of such instrument or
conveyance, the total amount which will or may be
payable as aforesaid during the period of ten years next
after the date of such instrument or conveyance.

Staiiiii wliere
value of subject-
matter is
Indeterminate.

AD VALOREM.

24. Where the amount or value of the subject-matter of any
instrument chargeable with ad valorem duty cannot be or (in the case
of an instrument executed before this Enactment comes into opera-
tion) could not have been ascertained at the date of its execution or
first execution, nothing shall be claimable under such instrument
more than the highest amount or value for which if stated in an
instrument of the same description the stamp actually used would
at the date of such execution have been sufficient.

Facts affecting
duty to he set
forth in instru-
ment.

FACTS TO BE SET OUT.

25. The consideration (if any) and all other facts and circum-
stances affecting the chargeability of any instrument chargeable with
duty or the amount of the duty with which it is chargeable shall be
fully and truly set forth therein.

Direction as to
duty.

Separate
parcels.

Joint pur-
chases.

Sub-purchasers.

Joint sub-
purchases.

CONVEYANCES.

26. (i) Where any property has been contracted to be sold for
one consideration for the whole and is conveyed to the purchaser in
separate parts by different instruments the consideration shall be
apportioned in such manner as the parties think fit, so that a distinct
consideration for each separate part is set forth in the conveyance
relating thereto, and such conveyance shall be chargeable with ad
valorem duty in respect of such distinct consideration.

(ii) Where property contracted to be purchased for one consider-
ation for the whole by two or more persons jointly, or by any person
for himself and others or wholly for others, is conveyed in parts by
separate instruments to the persons by or for whom the same was
purchased for distinct parts of the consideration, the conveyance of
each separate part shall be chargeable with ad valorem duty in respect
of the distinct part of the consideration therein specified.

(iii) Where a person having contracted for the purchase of any
property but not having obtained a conveyance thereof contracts to
sell the same to any other person and the property is in consequence
conveyed immediately to the sub-purchaser, the conveyance shall be
chargeable with ad valorem duty in respect of the consideration for
the sale as if made by the original purchaser to the sub-purchaser.

(iv) Where a person having contracted for the purchase of any
property but not having obtained a conveyance thereof contracts to
sell the whole or any part thereof to any other person or persons and
the property is in consequence conveyed by the original seller to
different persons in parts, the conveyance of each part sold to a sub-

STAMP.

purchaser shall bo chargeable with ad valorem duty in respect only of
the consideration paid by such sub-purchaser without regard to the
amount or value of the original consideration, and the conveyance of
the residue (if any) of such property to the original purchaser shall
be chargeable with ad valorem duty in respect only of the excess of
the original consideration over the aggregate of the considerations
paid by the sub-purchasers.

Provided that the duty on such last-mentioned conveyance shall
in no case be less than half a dollar.

(v) Where a sub-purchaser takes an actual conveyance of the Additional
interest of the person immediately selling to him which is chargeable *»'""'»ice3.
with ad valorem duty in respect of the consideration paid by him and
is duly stamped accordingly, any conveyance to be afterwards made
to him of the same property by the original seller shall be chargeable
with a duty equal to that which would be chargeable on a conveyance
for the consideration obtained by such original seller ; or, where such
duty would exceed two dollars, with a duty of two dollars.

letters of
administration.

Chapter VI.
DUTIES ON ESTATES OF DECEASED PERSONS.

27. Every person applying to any court for a grant of probate or Affidavit veri-
of letters of administration (which expression shall in this chaj^ter ^^'"|. amount
be deemed to include a certificate of representation to the estate delivered by^
of a deceased person) shall deliver to the Registrar or chief clerk probate'or'"^
of the court for transmission to the Collector an affidavit which
shall be in accordance with such form as may be prescribed by the
Resident, and extend to the verification of an account which shall be
delivered therewith or annexed thereto of the estate and efifects in
respect of which the grant is applied for. Such affidavit and account
shall within seven days after the grant is made be transmitted by the "
Registrar or chief clerk to the Collector together with, in the case of
a probate or letters of administration with a will annexed, a cop}' of
the will and in every case a note of the grant.

28. (i) The duties in that behalf specified in the second schedule
hereto shall be charged and paid on the affidavit for the Collector
mentioned in the last preceding section. Such duties shall be paid
by stamps which may be affixed to the affidavit at any time before
the probate or letters of administration is or are issued.

(ii) In the case of an application for a further probate or letters
of administration in respect of an estate whereon the full amount of
duty has been already paid, the affidavit for the Collector shall be
chargeable with the duty of one dollar only.

29. (i) The Collector shall, before such affidavit is stamped, make
such enquiry respecting the contents of or particulars verified by such
affidavit and the value of the various properties included therein as
he thinks necessary, and the person making or tendering such affidavit
shall be legally bound to attend at the office of the Collector whenever
required by him and to furnish and produce to the Collector such
explanations and documentary or other evidence as the Collector may
require.

Duties to be
payable on
affidavit for
Collector
instead of on
probates and
letters of
administration.

Collector to
make enquiry
as to contents
of atTidavit
before it is
stamped.

STAMP.

(ii) The Collector shall not stamp any such affidavit until he is
satisfied that the particulars required by law are correctly stated
therein.

Probate or 30. On and after the commencement of this Enactment no probate

mintetratio'nto «r Icttcrs of administration shall be issued by any court unless the

bear a icrtiiicate yaiue bear a certifieate in writing under the hand of the Registrar or

dlity." "^ "'""'' chief clerk of the court showing that the allidavit for th(^ Collector

has been delivered, and that such affidavit if liable to stamp duty was

duly stamped, and stating the amount of the gross value of the estate

and effi'cts as shown by the account delivered with or annexed to such

affidavit.

Power to deduct
debts due to
persons resident
in the State.

E. 4 o£ 1915.

Charge debts on
immovable pro-
perty may be
deducted.

Provision for
return of excess
paid.

31. (i) On and after the commencement of this Enactment it shall
be lawful for the person applying for the probate or letters of ad-
ministration to deliver with his affidavit or annex thereto a statement
of reasonable funeral expenses incurred not to exceed one thousand
dollars or two and a half per cent, of the ascertained vahie of the estate,
ivhichever is the smaller, and a schedule of the debts due from the
deceased to persons resident in the State, and in that case for
the purpose of the charge of duty on the affidavit the aggregate
amount of such funeral expenses and of the debts appearing in the
schedule shall be deducted from the value of the estate and effects
as specified in the account delivered with or annexed to the affidavit.

(ii) Debts to be deducted under the power hereby given shall be
deljts due and owing from the deceased and payable by law out of any
part of the estate and effects comprised in the affidavit, and are not to
include voluntary debts expressed to be payable on the death of the
deceased or payable under any instrument which shall not have been
bond fide delivered to the donee thereof three months before the
death of the deceased, or debts in respect whereof a reimbursement
may be capable of being claimed from any other estate or person.

(iii) On and after the commencement of this Enactment where any
immovable property forms part of the estate and effects in respect of
which probate or letters of administration is or are applied for, and
such property is the sole security by way of charge for any debts due
and owing from the deceased to any person or persons, whether
resident in the State or not, the amount of such charge debts may be
deducted from the value of such property for the purpose of the
charge of duty.

32. If at any time after the grant of probate or letters of ad-
ministration and during the administration of the estate the value
mentioned in the certificate of the Registrar or chief clerk of the
court is found to exceed the true value of the estate and effects of
the deceased, or if at any time within three years after the grant, or
within such further period as the Collector may allow, it appears that
no amount or an insufficient amount was deducted on account of such
debts as aforesaid, the Collector may upon proof of the facts to his
satisfaction return the amount of stamp duty which shall have been
overpaid, and Avrite a certificate on the probate or letters of adminis-
tration setting forth such true value or, as the case may be, the
amount or corrected amount of deduction, and such certificate shall

STAMP.

be substituted for and have the same force and effect as the certificate
of the Registrar or chief clerk.

33. If at any time it is discovered that the estate and eflfects of provision for
the deceased were at the time of grant of probate or letters of j'urtheTdut'
administration of greater value than the value mentioned in the
certificate, or that any deduction for debts was made erroneously, the

person acting in the administration of such estate and effects shall
within one month of the discovery deliver a further affidavit with an
account to the Collector duly stamped for the amount which, with the
duty (if any) previously paid on an affidavit in respect of such estate
and eflfects, is sufficient to cover the duty chargeable according to the
true value thereof, and shall at the same time pay to the Collector
interest upon such amount at the rate of eight per centum per annum
from the date of the grant or from such subsequent date as the
Collector may in the circumstances think proper.

The Collector upon the receipt of such affidavit duly stamped as
aforesaid shall write a certificate on the probate or letters of
administration setting forth the true value of the estate and effects
as then ascertained or, as the case may be, the corrected amount of
deduction, and such certificate shall be substituted for and have the
same force and effect as the certificate of the Registrar or chief clerk
of the court.

34. Every person acting in the administration of the estate and Expianationa
effects of any deceased person shall at any time and from time to time support °of'"
within three years after the grant of the probate or letters of *^nfsheVto*'the
administration, or during such administration, whichever period coUector.
shall be the longer, if and when required by the Collector so to do,

furnish and produce to the Collector such explanations and docu-
mentary or other evidence respecting the contents of or particulars
verified by the affidavit and generally respecting his administration
as the case may seem to the Collector to require.

Any person who Avhen required by the Collector to furnish or
produce any such explanation or evidence as aforesaid refuses or
without reasonable excuse neglects so to do shall be liable on convic-
tion to a penalty not exceeding five hundred dollars.

35. (i) Stamp duties at the like rates as are by this Enactment Grant of duties
charged on the affidavit to be required and received from persons certain'"''*^* °^
applying for probates or letters of administration shall be charged property.
and paid on accounts delivered of the property to be included therein
according to the value thereof.

(ii) The property to be included in an account shall be property
of the following descriptions — viz.,

(a) Any property taken as a donatio mortis causa made by any
person dying on or after the commencement of this Enact-
ment, or taken under a voluntary disposition made by any
person so dying, purporting to operate as an immediate
gift ititer vivos, whether by way of transfer, delivery,
declaration of trust or otherwise, which shall not have been
bond fide made three months before the death of the
deceased ;

Penalty for

refusing

explanation.

STAMP.

Delivery of
accounts ou
oath.

Penalties for
default in
taking out
probate, etc.

Powers of
Collector.

E. 4 of 1915.

(/>) Any property which a person dying on or after such date
having been absolutely entitled thereto has voluntarily
caused or may voluntarily cause to be transferred to or
vest(Kl in himself and any other person jointly \vh(;ther by
disposition or otherwise so that the beneficial interest
therein or in some part thereof passes or accrues by
survivorship on his death to some other person ;

setth^ment made by any person dying on or after such
date by deed or any other instrument not taking effect as
a will whereby an interest in such property for life or any
other period determinable by reference to death is reserved
either expressly or by implication to the settlor or whereby
the settlor may have reserved to himself the right by the
exercise of any power to restore to himself or to reclaim
the absolute interest in such property ;

(d) x\ny property which a person dying on or after such date

has disposed of by will under any authority enabling such
person to dispose of the same as he shall think fit.
(iii) Where an account delivered duly stamped comprises pro-
perty passing under a voluntary settlement or an instrument of gift
and on production of such settlement or instrument it appears that
the proper stamp duty has been duly paid thereon according to the
amount or value of the property so passing, the amount of such
stamp duty shall be returned to the person delivering the account.

36. Every person who, as beneficiary trustee, agent, or otherwise,
acquires possession or assumes the management of any property of a
description to be included in an account according to the last preceding
section shall, upon retaining the same for his own use or distributing
or disposing thereof, and in any case within six calendar months after
the death of the deceased, deliver to the Collector a full and true
account verified by oath of such property and duly stamped as
required by this Enactment.

37. If any person after the commencement of this Enactment
takes possession of and in any way administers any part of the estate
and effects of any person deceased without obtaining probate of the
will or letters of administration of the estate and effects of the
deceased within six calendar months after the decease, or within
two calendar months after the termination of any suit or dispute
respecting the will or the right to letters of administration if there be
any such which is not ended within four calendar months after such
decease, or if any person who ought to deliver a further affidavit or
such account as aforesaid neglects to do so within the period hereby
prescribed for the purpose, every person offending shall be liable, on
conviction, to a penalty not exceeding five hundred dollars and shall
also be liable to pay to the Ruler of the State double the amount of
stamp duty chargeable, and the same shall be a debt due to the State
and be recoverable by any of the ways and means in force for the
time being for the recovery of State debts.

37a. The Collector may summon before him any person account-
able for stamp duty on the estate of a deceased person and any person

STAMP. 61

whom the Colleclor believes to have taken possession of or administered
any part of the estate in respect of which duty is payable on the death
of the deceased, or of the income of any part of such estate, or any
person whom the Collector believes to be indebted, to the deceased or
any person whom the Collector believes to be capable of giving informa-
tion as to such estate, and may examine such person with regard to
the premises and may require any such person to jyroduce any docu-
ments in his custody or power relating to the estate in respect of which
duty is payable on the death of the deceased. And any such person
who without sufficient cause, to be alloived by the Colleclor, fails to come
before the Collector at the lime appointed or refuses to answer any
question lawfully put to him by the Collector or fails to produce any
such document as aforesaid shall be liable on conviction to a penalty
not exceeding five hundred dollars, and in addition to such penalty
the Collector may apply to the Supreme Court in a summary mantier
in the matter to which his enquiry relates for an order enforcing com-
pliance tvith his reasonable requiremefits.

38. The Collector is hereby authorized to administer all oaths collector to
and affirmations which may be necessary for the purposes of this oaSs!'^*^'^
Enactment.

Chapter VII.
DUTY BY WHOM PAYABLE.

39. In the absence of an agreement to the contrary the expense Duties by
of providing the proper stamp shall be borne — ^ °™ ^^^^

(a) In the case of a bond — by the obligor ;

(b) In the case of a charge — by the chargor ;

(d) In the case of a lease or agreement to lease — by the lessee or

intended lessee ;

(e) In the case of a counterpart of a lease — by the lessor ;

(/) In the case of an instrument of partition — by the parties
thereto in proportion to their respective shares in the
property comprised therein ;

(g) In the case of an instrument of exchange — by the parties in
equal shares.

Chapter VIII.
ADJUDICATION AS TO STAMPS.

40. When any instrument, whether executed or not and whether Adjudication as
previously stamped or not, is brought to the Collector and the person *° ^^°^'"' ^^*'"'''
bringing it applies to have the opinion of that officer as to the duty

(if any) with which it is chargeable and pays a fee of one dollar, the
Collector shall determine the duty (if any) with which in his judgment collector may
the instrument is chargeable ; and may for that purpose require to ^^'] evidtnce^*""'
be furnished with an abstract of the instrument and also with such
affidavit or other evidence as he may deem necessary to prove that
all the facts and circumstances affecting the chargeability of the

STAMP.

instrument with duty or the amount of the duty with which it is
chargeable are fully and truly set forth therein ; and may refuse to
])roceed upon any such application until such abstract and evidence
have been furnished accordingly.

Proviso. Provided that no evidence furnished in pursuance of this section

shall be used against any person in any civil proceeding except in an
enquiry as to the duty with which the instrument to which it
relates is chargeable ; and every person by whom any such evidence
is furnished shall, on payment of the full duty with which the
instrument to which it relates is chargeable, be relieved from any
penalty, forfeiture, or disability he may have incurred under this
Enactment by reason of the omission to state truly in such instrument
any of the facts or circumstances aforesaid.

Certificate by
Collector.

Full duty paid.

Not chargeable.

Deemed to be
duly stamped.

When Collector
not to certify.

COLLECTOR'S CERTIFICATE.

41. (i) When an instrument brought to the Collector under
Section 40 is in his opinion one of a description chargeable with
duty, and

(a) The Collector determines that it is already fully stamped ; or

(b) The duty determined by the Collector under Section 40 or

such a sum as with the duty already paid in respect of the
instrument is equal to the duty so determined has been
paid ;

the Collector shall certify by endorsement on such instrument that
the full duty (stating the amount) with which it is chargeable has
been paid.

(ii) When such instrument is in his opinion not chargeable with
duty the Collector shall certify in manner aforesaid that such
instrument is not so chargeable.

(iii) Any instrument upon which an endorsement has been made
under this section shall be deemed to be duly stamped or not
chargeable with duty, as the case may be, and if chargeable with
duty shall be receivable in evidence or otherwise and may be acted
upon and registered as if it had been originally duly stamped.

(iv) Nothing in this section shall authorize the Collector to
endorse—

(a) Any instrument executed or first executed in the State and

brought to him after the expiration of one month from
the date of its execution or first execution, as the case
may be ;

(b) Any instrument executed or first executed out of the State

and brought to him after it has been first used in the
State ; or

any bill of exchange or promissory note, when brought to
him after the drawing or execution thereof not duly
stamped.

STAMP.

Chapter IX.
INSTRUMENTS NOT DULY STAMPED.

IMPOUNDING.

42. (i) Every person having by law or consent of parties authority EiMnin»tion
to receive evidence, and every person in charge of a public office w oMng"ru^
before whom any instrument chargeable in his opinion with duty is ments.
produced or comes in the performance of his functions, shall, if it
appears to him that such instrument is not dul}^ stamped, impound
the same.

(ii) For that purpose every such person shall examine every
instrument so chargeable and so produced or coming before him in
order to ascertain whether it is stamped with a stamp of the value
and description required by the law in force in the State when such
instrument was executed or first executed.

Provided that nothing herein contained shall be deemed to
require any judge or magistrate to examine or impound any
instrument coming before him in the course of any criminal
proceeding.

(ill) The Resident may from time to time in cases of doubt
determine who shall be deemed to be or to have been for the purpose
of this section persons in charge of public offices.

ADMISSIBLE ON PAYMENT.

43. No instrument chargeable with duty shall be admitted in instruments
evidence for any purpose by any person having by law or consent s^nff^e'd inad-
of parties authority to receive evidence, or shall be acted upon, missibie in

• 1 !• 11 1 1 II- evidence.

registered, or authenticated by any such person or by any public
officer, unless such instrument is duly stamped.

Provided that —

(a) Any such instrument, not being an instrument chargeable when admis-

with a duty of three cents only or a bill of exchange or ^g'„\ °° ^^{^
promissory note, shall, subject to all just exceptions, be and penalty,
admitted in evidence on payment of the duty with which
the same is chargeable, or, in the case of an instrument
insufficiently stamped, of the amount required to make up
such duty, together with a penalty of fifty dollars, or, when
ten times the amount of the proper duty or deficient portion
thereof exceeds fifty dollars, of a sum equal to ten times
such duty or portion ;

(b) Nothing herein contained shall prevent the admission of any and in certain

instrument in evidence in any proceeding in a criminal cee^i^gs.^'^"
court ;

admission shall not, except as provided in section 59, iobeques-
be called in question at any stage of the same suit or *'o°ed.
proceeding on the ground that the instrument has not
been duly stamped.

STAMP.

InstruniPiits
imiioundPil liow
dealt with.

Collector's
power to refund
penalty paid.

Collector's
power to stamp
instruments
impounded.

Duly stamped
or not charge-
able.

Payment of
duty and
penalty.

E. 4 of 1915.

Certificate
proof.

Exceptions.

REFERENCE TO COLLECTOR.

44. (i) When the person impounding an instrument under Section
42 has by law or consent of parties authority to receive evidence
and admits such instrument in evidence upon payment of a
])enalty as provided by Section 43, he shall send to the Collector an
authenticated co])y or a memorandum of the date and description
of sui'h instrument, together with a certificate in writing stating the
amount of the duty and penalty ksvied in respect thereof, and shall
send such amount to the Collector or to such person as he may
appoint in this behalf.

(ii) In every other case the person so impounding an instrument
shall send it in original to the Collector.

45. When a copy or memorandum of an instrument is sent to a
Collector under sub-section (i) of Section 44 he may, if he thinks
fit upon application made to him in this behalf, refund any portion
of the penalty in excess of two dollars and a half which has been paid
in respect of such instrument ; or

When such instrument has been impounded only because it has
been written in contravention of Section 10, he may refund the whole
penalty so paid.

COLLECTORS CERTIFICATE.

46. (i) When the Collector impounds any instrument under
Section 42 or receives any instrument sent to him under sub-
section (ii) of Section 44 he shall adopt the following procedure : —

(a) If he is of opinion that such instrument is duly stamped or
is not chargeable with duty he shall certify by endorsement
thereon that it is duly stamped or that it is not so charge-
able, as the case may be, and shall upon application made
to him in this behalf deliver such instrument to the person
from whose possession it came into the hands of the officer
imj)ounding it or as such person may direct ;

{b} If the Collector is of opinion that such insirvment is charge-
able with duty and is not duly stamped, he shall require
the payment of the proj)er duty or the amount required to
make up the same, together with a penalty of fifty dollars
or ten times the amount of the proper ditty or of the deficient
portion thereof, whichever be the greater.

Provided that the Collector may, if he thinks fit, remit any portion,
in excess of two dollars and a half, of such penally.

Provided further that when such instrument has been impounded
only because it has been written in contravention of Section 10
the Collector may, if he thinks fit, remit the whole penalty
prescribed by this section. ■

(ii) Every certificate under clause (a) of this section shall for the
purposes of this Enactment be conclusive evidence of the matters
stated therein.

(iii) Nothing in this section applies to an instrument chargeable
with a duty of three cents only or to a bill of exchange or promissory
note.

STAMP. 65

RECTIFICATION.

47. If any instrument chargeable with duty and which is not instniments
duly stamped is produced by any person of his own motion before the ty'^ai^ide^?™^^'*
Collector within one year from the date of its execution or first
execution, and such person brings to the notice of the Collector the
fact that such instrument is not duly stamped and offers to pay to
the Collector the amount of the proper duty or the amount required
to make up the same, and the Collector is satisfied that the omission
to duly stamp such instrument has been occasioned by accident,
mistake, or urgent necessity, he may, instead of proceeding under
Sections 42 and 46, receive such amount and proceed as next herein-
after prescribed.

Nothing in this section applies to an instrument chargeable with a Exceptions over
duty of three cents only or to a bill of exchange or promissory note, ^* *^*^^*
if not produced to the Collector within fourteen days from the date of
its execution or first execution, or the date of its arrival in the State
if executed out of the State.

ENDORSEMENT OF PROPER DUTY.

48. (i) When the duty and penalty (if any) leviable in respect of Endorsement ot
any instrument has been paid under Section 43, Section 46, or Section '^M^uty h^
47 , the person admitting such instrument in evidence or the Collector, been paid under

1 1 I 11 •/■ 1 1 i ii ii i ji Sections 43, 4b,

as the case may be, shall certify by endorsement thereon that the or 47.
proper duty or, as the case may be, the proper duty and penalty
(stating the amount of each) , have been levied in respect thereof, and
the name and residence of the person paying them.

(ii) Every instrument so endorsed shall thereupon be admissible Admissible.
in evidence and may be registered and acted upon and authenticated
as if it had been duly stamped, and shall be delivered on his applica-
tion in this behalf to the person from whose possession it came into
the hands of the officer impounding it, or as such person may direct.

Provided that any instrument which has been admitted in evidence when to w
upon payment of duty and a penalty under Section 43 may be ^'^^" "^'
detained if the Collector certifies that its detention is necessary, and
may be kept until he has cancelled such certificate.

PROSECUTIONS.

49. The pa5anent of a penalty under this chapter in respect of prosecution not
an instrument shall not bar the prosecution of any person who ^*"^''-
appears to have committed an offence against the stamp law in

respect of such instrument :

But no such prosecution shall be instituted in the case of any Proviso,
instrument in respect of which such a penalty has been paid unless
it appears to the Collector that the offence was committed with an
intention of evading payment of the proper duty.

RECOVERY OF DUTIES AND PENALTIES.

50. When any duty or penalty has been paid under Section 13, r^ecoveiy ot
Section 15, Section 40', Section 43, Section 46, Section 47, Section 55, penaity"from
Section 57, Section 58, or Section 59 by any person in respect of an f;,'i^°^p„°S.
instrument and by agreement, or under the provisions of Section 39,

STAMP.

Remission of
penalty paUl
under section
43 or 46.

Non-liability
for loss of
instruments
Bent under
Section 44.

Copy may be
made of instru-
ments so sent.

E. 4 of 1915.

Power of payee
to stamp bills,
notes, and
cheques

received by him
unstamped.

Proviso.

Payment of fee.

or any other Enactment in force at the time such instrument was
executed, some other person was bound to bear the expense of
providing the proper stamj) for such instrument, the first-mentioned
person shall be entitled to recover from such other person the amount
of the duty or })enalty so paid ; and for the ])ur|)()se of such recovery
any certificate granted in respect of such instrument under this
Enactment shall be conclusive evidence of the matters therein
certified.

REMISSION OF PENALTIES.

51. When any penalty is jiaid under Section 43 or 4C the Chief
Revenue Authority may, upon application in writing made within
one year from the date of the payment, refund such penalty wholly
or in part.

LOSS OF INSTRUMENTS.

52. If any instrument sent to a Collector under the second
paragraph of Section 44 be lost, destroyed, or damaged during
transmission, the person sending the same shall not be liable for
such loss, destruction, or damage.

When any instrument is about to be so sent, the person from
whose possession it came into the hands of the person impounding
the same may require a copy thereof to be made at the expense of
such first-mentioned person and authenticated by the person
impounding such instrument.

UNSTAMPED BILLS, ETC.

53. When any bill of exchange chargeable with the duty of three
cents or any cheque is presented for payment unstamjDcd the person
to whom it is so presented may affix thereto the necessary stamp ;
and upon cancelling the same in manner hereinbefore provided may
pay the sum payable upon such bill * * or cheque and may charge the
duty against the person who ought to have paid the same or deduct
it from the sum payable as aforesaid, and such bill * * or cheque shall,
so far as respects the duty, be deemed good and valid.

But nothing herein contained shall relieve any person from any
penalty he may have incurred in relation to such bill * * or cheque.

54. Every payment of a fee or stamp penalty under this part and
Section 59 shall be made in stamps.

Procedure
where Collector
feels doubt as to
duty charge-
able.

PART III.

Chapter X.

REFERENCE AND REVISION.

BY REVENUE AUTHORITY.

55. If the Collector, acting under Section 40, Section 46, or Section
47, or otherwise, feels doubt as to the amount of duty with which any
instrument is chargeable, he may draw up a statement of the case and
refer it with his own opinion thereon for the decision of the Chief
Revenue Authority, and such Authority shall consider the case and
send a copy of his decision to the Collector, who shall proceed to assess
and charge the duty (if any) in conformity with such decision.

STAMP. 67

BY COURT.

56. (i) The Chief Revenue Authority may state any case referred Reference by
to him under Section 55 or otherwise coming to his notice and refer ?*'r^"".''

, , ° Authority to

such case to the court. court.

(ii) If the court is not satisfied that the statements contained in Power of court
the case are sufficient to enable it to determine the questions raised tho^'lrtTc ^i"^'
thereby, the court may refer the case back to the Chief Revenue
Authority by which it was stated to make such additions thereto or
alterations therein as the court may direct In that behalf.

57. The court upon the hearing of any such case shall, after hear- rrooedure in
ing both parties interested, if he or they appear, decide the questions refwencf °^
raised thereby and shall deliver its judgment thereon containing the
grounds on which such decision is founded : and it shall send to the

Chief Revenue Authority by which the case was stated a copy of such
judgment under the seal of the court and the signature of the Regis-
trar, and the Chief Revenue Authority shall on receiving such copy
dispose of the case conformably to such judgment.

58. If any magistrate or other person having by law or consent of Reference to
parties authority to receive evidence feels doubt as to the amount of court by

Dl£kffl3tr3lL6 etc

duty to be paid in respect of any instrument under the first proviso to
Section 43, such magistrate or other person may draw up a statement
of the case and refer it for the decision of the court, and the court
shall deal with the case as if it had been referred under Section 56 and
send a copy of its judgment under the seal of the court and the
signature of the senior magistrate to the magistrate or other person
making the reference, and such magistrate or other person shall
on receiving such copy dispose of the case conformably to such
judgment.

APPEAL FROM MAGISTRATES AND OTHERS.

59. (i) When any magistrate or other person having by law or Revision of
consent of parties authority to receive evidence makes any order "'■'*,'"

Q6Cision3 of

admitting any instrument in evidence as duly stamped or as not magistrate
requiring a stamp, or upon payment of duty and a penalty under g^cfenfy'^of
Section 43, the court may of its own motion or on the application of stamps.
the Collector take such order into consideration : and if it is of
opinion that such instrument should not have been admitted in
evidence Avithout the payment of duty and penalty under Section 43,
or without the payment of a higher duty and penalty than those paid,
may record a declaration to that efifect and determine the amount of
duty \vith which such instrument is chargeable, and may require any
person in whose possession or power such instrument then is to
produce the same and may impound the same when produced.

(ii) When any declaration has been recorded under this section the copy of instru-
court shall send a copy thereof to the Collector, and where the instru-
ment to which it relates has been impounded or is otherwise in the
possession of such court shall also send him such instrument ; and
thereupon the Collector may (subject to the provisions of Section 71), coiiectof mny
notwithstanding anything contained in the order admitting such P'-o^ecute.
instrument in evidence or in any certificate granted under Section 48
or in Section 49, prosecute any person for any offence against the

nieut to be sent.

STAMP.

Intention to
evad*.

Proviso.

stam^ law which the Collector considers him to have committed in
respect of such instrument.

Provided that no such prosecution shall be instituted where the
amount (including duty and penalty) which according to the deter-
mination of the court was payable in respect of the instrument under
Section 43 is paid to the Collector, unless he thinks that the offence
was committed ^ith an intention of evading payment of the proper
duty.

Provided also that except for the purjwscs of such prosecution no
declaration made under this section shall affect the validity of any
order admitting any instrument in evidence or of any certificate
granted imder Section 48,

Court fees anj
costs.

FEES AND COSTS.

60. No court fees shall be chargeable and no costs shall be allowed
on any proceeding before the court under this part.

PART IV.
Chapter XI.
SPOILED AND MISUSED STAMPS.

Allowance for
spoiled stamps,

before exa-
cution.

Bill of ex-
change, etc.,
negotiated.

Ditto cancelled
after negotia-
tion.

SPOILED STAMPS.

61. Subject to such rules as may be made by the Resident as to
the evidence which the Collector may require, allowance shall be
made by the Collector for stamps spoiled in the cases hereinafter
mentioned — namely,

(1) The stamp on any paper inadvertently and undesignedly
spoiled, obliterated, or by any means rendered unfit for the purpose
intended, before any instrument written thereon is executed by any
person ;

(2) The stamp used or intended to be used for any bill of exchange,
cheque, or promissory note signed by or on behalf of the drawer or
intended drawer, but not delivered out of his hands to the payee or
intended payee or any person on his behalf, or deposited with any
person as a security for the pajnnent of money, or in any way
negotiated, issued, or put in circulation or made use of in any other
manner, and which being a bill of exchange or cheque has not been
accepted by the drawee, and provided that the paper on which any
such stamp is affixed does not bear any signature intended as or
for the acceptance of any bill of exchange or cheque to be afterwards
written thereon ;

(3) The stamp used or intended to be used for any bill of exchange,
cheque, or promissory note signed by or on behalf of the drawer
thereof, but which from any omission or error has been spoiled or
rendered useless, although the same being a bill of exchange or cheque
may have been presented for acceptance or accepted or endorsed ;
or, being a promissory note, may have been delivered to the payee :
provided that another completed and duly stamped bill of exchange,
cheque, or promissory note is produced identical in every particular

STAMP. 69

except in the correction of such omission or error as aforesaid with
the spoiled bill, cheque, or note ;

(4) The stamp used for any of the following instruments— that on instm-

is to say, ments:

(a) An instrument executed by any party thereto but afterwards found void by

found by a competent court to be absolutely void in law '^°"''''
from the beginning ;

(b) An instrument executed by any person but afterwards found unfit from

unfit by reason of any error or mistake therein for the ''"°''
purpose originally intended ;

reason of the death of any person by whom it is neces- totxecutoty^^'
sary that it should be executed without having executed other party or
the same, or of the refusal of any such person to execute the etc!T '"°"^^''
same, or to advance any money intended to be thereby
secured, cannot be completed so as to effect the intended
transaction in the form proposed ;

(d) An instrument executed by any party thereto which for want unfit from want

of the execution thereof by some material party and his of execution by

i-i-i c 1 i • ,1 . . » -"^ . "^ , other party ;

mability or refusal to sign the same is m fact incomplete
and insufficient for the purpose for which it was intended ;

(e) An instrument executed by any party thereto which by reason unct from

of the refusal of any person to act under the same or by refusal of party
the refusal or non-acceptance of any office thereby granted
totally fails of the intended purpose ;

(/) An instrument executed by any party thereto which becomes useless from
useless in consequence of the transaction intended to be being"fffected
thereby affected being effected by some other instrument by another

duly stamped; instrument;

(g) An instrument executed by any party thereto which is inadver- inadvertently

tently and undesignedly spoiled and in lieu w^hereof another JP°i^®gejf',^'^

instrument made between the same parties and for the another lustru-

same purpose is executed and dul}^ stamped. ™™*'

Provided that in the case of an executed instrument — rroviso.

(a) Such instrument is given up to be cancelled ; and instrument

(b) The application for relief is made within six months after application to

the date of the instrument, or, if it is not dated, within si^monthl.'^""
six months after the execution thereof, by the person
by whom it was first or alone executed ; except where
from unavoidable circumstances any instruments for
which another instrument has been substituted cannot
be given up to be cancelled within the aforesaid period,
and in that case within six months after the date or exe-
cution of the substituted instrument ; and except where
the spoiled instrument has been sent out of the State,
and in that case within six months after it has been
received back in the State,

Provided also that in the case of stamped paper not having any unexecuted
executed instrument Avritten thereon, the application for relief is ii»st™ment.

STAMP.

Allowance
where wrong;
ttanip used or of
loo great value ;

witliln six
months.

Allowance by
exchange.

mad(! within six months after the stamp has been spoiled as
aforesaid.

MISUSED STAMPS.

62. When any person has inadvertently used for an instrument
chargeable with duty a stamp cancelled in a manner other than that
prescribed by this Enactment, or a stamp of greater value than was
necessary, or has inadvertently used any stamp for an instrument not
chargeable with any duty, the Collector may, on application made
within six months after the date of the instrument, or if it is not
dated within six months after the execution thereof by the person by
whom it was first or alone executed, and upon the instrument if
chargeable with duty being re-stamped with the proper duty, cancel
and allow as spoiled the stamp so misused.

EXCHANGE OF STAMPS.

63. In any case in which allowance is made for spoiled, unused, or
misused stamps the Collector may give in lieu thereof —

(a) Other stamps of the same description and value ;
(6) Or, if required and he thinks fit, stamps of any other descrip-
tion to the same amount in value.

Penalty for
negotiating bill
of exchange not
duly stamped ;

executing other
instrument ;
penalty.

prosy ;

Penalty already
paid.

Failure to can-
cel adhesive
stamp.

Penalty for
accepting an
instrument
stamped with
used stamp.

PART V.

Chapter XII.

CRIMINAL OFFENCES AND PROSECUTIONS.

64. (i) Any person drawing, maldng, issuing, endorsing or trans-
ferring or signing, otherwise than as a witness, or presenting for
payment, or paying or receiving payment of, or in any manner negoti-
ating any bill of exchange, cheque, or promissory note without the
same being duly stamped ;

(ii) Any person executing or signing otherwise than as a witness
any other instrument chargeable with duty without the same being
duly stamped ; and

(iii) Any person voting or attempting to vote under any proxy
not duly stamped ;

shall for every such offence be punished with fine which may extend
to two hundred and fifty dollars.

(iv) Provided that when any penalty has been paid in respect of
any instrument under Section 43, Section 46, or Section 59 the amount
of such penalty shall be allowed in reduction of the fine (if any) subse-
quently imposed under this section in respect of the same instrument
upon the person who paid such penalty.

65. (i) Any person required by Section 9 sub-section (ii) to cancel
a stamp and failing to cancel such stamp in manner prescribed by
that section, shall be punished with fine which may extend to fifty
dollars.

(ii) Any person who wilfully accepts from another as duly
stamped an instrument required by this Enactment to be stamped
on which instrument a stamp has been used which stamp he knows,

STAMP. 71

or has reasonable cause to believe, has been already used, shall be
punished with fine which may extend to fifty dollars.

66. Any person who with intent to defraud the Government omission to
of any duty- ^r^vSo^^of

(a) Executes any instrument in which all the facts and cir- ^^ection 25.

cumstances required by section 25 to be set forth in such
instrument are not fully and truly set forth ; or, being

(b) Employed or concerned in or about the preparation of any

instrument, neglects or omits fully and truly to set forth

therein all such facts and circumstances ;
shall be punished with fine which may extend to one thousand
dollars.

67. Any person who being required under Section 80 to give Refusal to eive
a receipt refuses or neglects to give the same, or who, with intent 5)^vice4 to

to defraud the Government of any duty upon a payment of money or ^J^^Jj^^^^J^'^y °°
delivery of property exceeding ten dollars in amount or value, gives a
receipt for an amount or value not exceeding ten dollars or separates
or divides the money or property paid or delivered, shall be punished
Mith fine which may extend to fifty dollars.

68. The secretary of a company which accepts or registers any penalty on
transfer which is not duly stamped shall be punished with fine which e^a"^."^
may extend to fifty dollars.

69. Whoever with intent to defraud the Government of duty post-dating
draws, makes, or issues any bill of exchange or promissory note ^'^' ^^^
bearing a date subsequent to that on which such bill or note is
actually drawn or made ; and

Whoever knowing that such bill or note has been so post-dated N^otiatiug
endorses, transfers, presents for acceptance or payment, or accepts,
pays, or receives payment of such bill or note, or in any manner
negotiates the same ;

And whoever with the like intent practises or is concerned in any Devices^
act, contrivance, or device not specially provided for by this Enact- s^°®" ^•
ment or any other laAv for the time being in force ;
shall be punished with fine which may extend to five hundred dollars.

70. (i) Any person appointed to sell stamps who disobeys any rule Penaity^for^^^
made under Section 73, and any person not so appointed who sells or X^Lg^to'sa^e
offers for sale any stamp other than a stamp purchased by him in of stamps.
good faith for his own private use, shall be punished with imprison-
ment for a term which may extend to six months or with fine which

may extend to two hundred and fifty dollars, or with both.

(ii) Any person committing a breach of any rule made by the Resi- Breach of rules,
dent under Section 74 shall be liable to fine not exceeding fifty dollars, '^ ^ ° ■
but the breach of any such rule as to the description of stamp used,
the numbers and positions of the stamps, and the manner of can-
celling stamps, shall not invalidate any instrument otherwise duly
stamped.

PROSECUTIONS.

71. No prosecution in respect of any offence punishable under this institution and
Enactment shall be instituted without the sanction in wTiting ot the prosecutions.
Resident.

STAMP.

Tftyment to
iufonuers.

Power to make
rules relatinR to
sale of stamps.

Power to make
rules generally
for Enactment.

When powers
oxorciseable.

Publication of
rules.

Revision of
proceedinsrs of
Stamp Officers.

Resident may
direct instru-
ment to be
stamped.

Resident may
lower rates or
exempt Instru-
ments.

Government
not to be
responsible for
loss or damage.

72. A portion of any fine levied not exceeding one half may be
awarded to the informer or person on whose information the fine was
levied.

PART VI.

Chapter XIII.

SUPPLEMENTAL PROVISIONS.

POWERS OF RESIDENT.

73. The Resident may make rules consistent herewith for regu-
lating the supply and sale of stamps, the persons by whom alone such
sale is to be conducted, and the duties and remuneration of such
persons.

74. The Resident may make rules consistent herewith to carry
out generally the purposes of this Enactment.

75. (i) All powers to make rules and orders conferred by this
Enactment may be exercised from time to time as occasion requires
and at any time after the passing of this Enactment, so that the rules
and orders do not come into force till the Enactment is brought into
operation under Section 1.

(ii) All rules under this Enactment other than rules made under
Section 73 shall be published in the Gazette.

(iii) All rules published as required by this section shall upon
such publication have the force of law.

76. All the decisions, orders, or acts of the Chief Revenue Authority
and Collector of Stamps shall be open to revision by the Resident, and
may by him be ordered to be reversed, altered, or modified ; and any
instrument purporting to have been stamped or restamped by order
of the Resident shall be received as duly stamped under this
Enactment.

The Resident may at any time direct any instrument not duly
stamped or not duly cancelled to be duly stamped or duly cancelled,
on payment of such fine, not exceeding fifty dollars or not exceeding
ten times the amount of proj)er stamp duty, or mthout payment of
any fine, at his discretion.

77. The Resident may from time to time by an order to be
published in the Gazette direct that such lower rates of stamp duty
as he shall prescribe shall be taken on all or any of the instruments
specified in the second schedule to this Enactment, or altogether
exempt the same ; and in like manner, as occasion shall require,
may cancel or vary such order to the extent of the powers hereby
given.

Such cancellation or variation shall also be notified in the Gazette.

78. The Government shall not be responsible for any loss or
damage which shall occur in respect of any instrument entrusted
to the Collector of Stamps for the purpose of being stamped : and
no person employed by the Government in the Stamp Department
shall be responsible for any such loss or damage unless such person
shall wilfully, fraudulently, or by gross negligence cause such loss
or damage.

STAMP.

79. Nothing in this Enactment shall be deemed to affect any Saving cUum.
stamp duties specially prescribed by any written law now in force,

except when stamp duties for the same purpose are expressly
imposed by this Enactment.

EECEIPTS.

80. Subject to the exemptions specified in the second schedule obii-ationto
under the heading " Receipt," any person receiving any money cerTairclses"
exceeding ten dollars in amount, or any bill of exchange, cheque,

or promissory note for an amount exceeding ten dollars, or receiving
in satisfaction of a debt any movable property exceeding ten dollars
in value, shall on demand by the person paying or delivering such
money, bill, cheque, note, or property give a duly stamped receipt
for the same.

JUDICIAL STAMPS.

81. Nothing in this Enactment shall be deemed to affect the saving as to
duties chargeable under any written law for the time being in force *^°"'^'^ ^^^'
relating to court fees, except as to grants of probate and letters

of administration.

82. Judicial stamps shall be cancelled in the manner prescribed judicial
by Section 9 sub-section (ii) hereof by such officer of the court as ^'*™i'*'
may be assigned by the Resident for the purpose.

The First Schedule.
ENACTMENTS REPEALED.

Date or number of
Enactment.

Short title.

Extent of repeal.

Perak :

0. in C. of the 24th

Court Fees

In respect of the fees

August, 1886.

payable upon filing a
petition for probate or
letters of administra-
tion, but so that where
the estate and effects
do not exceed the
value of $500 an uni-
form Court Fee of $2
shall be charged.

0. in C. No. 3 of

1893 ..

Succession Duties

Sections 2 and 3.

0. in C. No. 21 of

1895 ..

Stamp Duties

The whole.

0. in C. No. 4 of
1896 ..

Impressed Stamps
Suspension

The whole.

Selangor :

Indian Act VII.

Court Fees

Act,

Part III A.

of 1870

1870 . .

Reg. 1 of 1896 . .

Stamp Duties,

1896

The whole.

STAMP.

Date or number of
Enactment.

Short title.

Extent of repeal.

Negri Sembilan :

Sungei Ujong 0.
in C. of the 27th

April, 1893 . .
0. in C. of the

Stamp Duties . .

The whole.

25th October,

1894 ..

Court Fees

Clauses 8 and 9.

Pahang :

E. of the 1st

Executive Stamp

January, 1890.

Order . .

The whole.

The Second Schedule.
STAMP DUTY ON INSTRUMENTS.

Description of instrument.

-Account of property, required under Section
35 ■*

Proper stamp duty.
The same duty as on an
affidavit required on ap-
plication for probate or
letters of administra-
tion.

2. — Admission of any person as an advocate andl -^-t. j n

soUcitor . .. .. .. _ I Fifty dollars.

E. 22 of 1916. 3. — Affidavit for the Collector on application
for grant of probate or letters of adminis-
tration or for a certificate of representa-
tion —

(a) Where the estate and effects for or in ,,
respect of which the probate or letters
of administration is or are to be granted ,
exclusive of what the deceased was

At the rate of $1 for
every $100 and for every

c;Av;iuoivt> ujL vviiaii i.ne ueceasea was r x- i . <• \^,^K.

possessed of or entitled to as trustee \ fractional part of $100

and not beneficially, are above the
value of $500 and not above the value
of $4,250 •

(6) Where such estate and effects are above
the value of $4,250 and not above
the value of $8,570

(d) Where the estate and effects are above
the value of $85,700 and not above
the value of $214,250

(e) Where the estate and effects are above
the value of $214,250 and not above
the value of $428,500

over any multiple of
$100.

At the rate of $2 for
every $100 and for
every fractional part of
$100 over any multiple
of $100.
At the rate of $3 for
every $100 and for
every fractional part of
$100 over any multiple
of $100.

At the rate of $4 for
every $100 and for
every fractional part of
$100 over any multiple
of $100.

'At the rate of $4.50 for
every $100 and for
every fractional part of
$100 over anv multiple
of $100.

STAMP.

Description of instrument.

{/) Where the estate and effects are above
the value of $428,500 and not above
the value of $624,750

(9)

Where the estate and effects are above
the value of §642,750 and not above
the value of $857,000

{h) Where the estate and effects are above
the value of $857,000, but not above
the value of $1,285,500

(i) Where the estate and effects are above
the value of $1,285,500

I'roper stamp duty.
At the rate of $5 for
every $100 and for
every fractional part of
$100 over any multiple
of $100.

At the rate of $5.50 for

every $100 and for

every fractional part of

$100 over any multiple

^ of $100.

At the rate of $6 for
every $100 and for
every fractional part of
$100 over any multiple
of $100.
f At the rate of $7 for
every $100 and for
every fractional part of
$100 over any multiple
of $100.

Exemption. — Where the estate and effects do not exceed the value of $500.
4. — Affidavit, statutory declaration, or declara- "]

tion in writing on oath or affirmation made I -p-r, ^p^f q
before a person authorized by law to ad- [ ^
minister an oath . . . . . . . . J

Exemption. — Affidavit or declaration in writing when made —

(a) For the immediate piu-pose of being filed or used in any coiu-t ; or

(6) For the sole pizrpose of enabling any person to receive any pension or

charitable allowance ;
(c) For the sole purpose of satisfying the Government as to the sufficiency
of a person about to become surety for a Government officer.

Agreement for a Lease. See Lease.
5. — Agreement or Memorandum of an Agree- ~|
MENT made under hand only and not I
otherwise specifically charged with any I rp pents
duty, whether the same be only evidence i
of a contract or obligatory on the parties
from its being a written instrument . . J

Exemptions. — Agreement or memorandum —

(a) For or relating to the sale of any goods, wares, merchandise, or bill
of exchange, or to the sale of any Government or municipal security,
or share in any joint stock or other public company ;
(6) For service or personal employment where the wages do not exceed
$10 per month, and any agreement between the master and mariners
of any vessel or boat for wages ;

(d) For the reference of any matter to arbitration.

See Conveyance on Sale.

r The same duty as a charge
•| for the amovmt deemed
L to be secured thereby.

7.^Appointment of a new trustee and Appoint-
ment in execution of a power of any pro-
perty movable or inamovable, or of any >• Five dollars,
use, share, or interest in any proj^erty
by any instrument not being a will
Assignment. See Conveyance.

8. — Average — Agreement to pay general . . Five dollars.

9. — Award, that is to say, any decision in writing 1 p-^^ dollars,
by an arbitrator or umpire . . . • . • J

6. — ANNtJiTY — Conveyance in consideration of
,, Other instrument creating

STAMP.

E. 4 o£ 1915.

E. d ol 1915.

12.

-BiLT. OF Exchange of any other kind what
soever (except a cheque or bank note)

Description of instrument. Tropcr gtamp dutj.

{Tlie same duty as a pro-
missory note, unless the
duty is compounded for.
11. — FouKiGN Bill of Exchangk, payable on -^

demand and bearing the date on which it V Three cents,
was made . . . . . . . . . . J

At the rate of five cents

for every $100 and for

every fractional part of

$100 over any multiple

of $100 of the amount

or value of the money

for which the bill is

drawn.

Note. — When a bill of exchange is drawn in a set according to the custom

of merchants and one of the set is duly stamped, the other or others of

the set shall, vmless issued or in some manner negotiated apart from

such duly stamped bill, be exempt from duty ; and uj)on proof of the

loss or destruction of a duly stamped bill forming one of a set, any other

bill of the set which has not been issued or in any maimer negotiated

apart from such lost or destroyed bill may, altliough unstamped, be

admitted in evidence to prove the contents of such lost or destroyed

bill.

See Conveyance.
See Charge.
Bond. See Charge.
Bond or Chabge'

(a) When the penalty
or amount secured
does not exceed

Bill of Sale

13.-

or
executed by way
of Indemnity or
of Secubity for
the due execu-
tion of an office,
or to account for
money received
by virtue thereof
Exemption. — Bond

The same duty as a charge
for the penalty or
amount secured.

(6) In any other case . . Two dollars.

given by a Government officer, whether with or
without sureties, for the due execution of an office held under the
Government of the State.

14.

The same duty as charge.

Bond on obtaining letters of administration One dollar.

Exemption. — Bond given by any person where the estate to be adminis-
tered does not exceed $500 in value.
15. — Bottomry Bond, that is to say, any instru-
ment whereby the master of a sea-going
ship borrows money on the security of the
ship to enable him to preserve the ship, or
prosecute her voyage

16. — Certificate to be taken out yearly by every ^

person practising as an advocate and >• Twenty dollars.

solicitor . . . . . . . . . . J

17. — Certificate or other Document evidencing-

the right or title of the holder thereof or

any other person either to any shares, scrip,

or stock in or of any company or to become

proprietor of shares, scrip, or stock in or of

any company or association . . . . ■

Charge, Agreement for a Charge, Bond,
Debenture, Covenant, and Warrant of
Attorney to confess and enter up judg-
ment —

(a) Being the only or principal or primary security for —

The payment or repayment of money
not exceeding

Three cents.

18.-

25/

Ten cents.

STAMP.

Description of instramcnt. Proper stamp duty.

Exceeding $25 but not exceeding $100 Twonty-fivo cents

$100 „ $250 Fifty cents.

$250 „ $500 Ono dollar,

and for every further sum of $500 or \ q ■, ,,
any part thereof . . . . .

(b) Being a collateral or additional or sub-

stituted security or by way of further
assurance for the above-mentioned pur-
pose, where the principal or primary
security is duly stamped

bond, or debentvire or covenant or of
any money or stock secured by any such
instrument or by any warrant of attor-
ney to enter up judgment or by any
judgment

And also where any further money is added to J
the money already seciu-ed . . . . j^

(d) Re-conveyance, Re-assignment, Re-

lease, Discharge, Surrender, War-
rant TO Vacate, or Renunciation of
any such security as aforesaid or of the
benefit thereof or of the money thereby
secured —

(i) If the total amount of value of the money t

at any time secured does not exceed [-Fifty cents.
$500 J

(ii) In any other case . . . . . . . • One dollar.

(e) Charge executed in pursuance of a duly 1

stamped agreement for the same, on I p. , .,
production of such agreement to the f
Collector . . . . . . . . J

One-fifth the duty on
the principal or primary
security.

One -quarter the duty
which would be charge-
able on a mortgage for
the amount transferred.

The same duty as a prin-
cipal security for such
further money.

- One dollar.

19. — Charter-party, that is to say, any instru-
ment (except an agreement for the hire of
a tug steamer) whereby a vessel or some
specified part thereof is let for the speci-
fied purposes of the charterer
Exemption. — Charter-party wholly executed out of the State.
20. — Cheque . . . . . . . . . . Three cents.

Contract. See Agreement.

21.

-Conveyance
signment.
Transfer

As-

, [Fifty

cents.

(a) On sale of any \
property (ex-
cept shares
in a com-
pany).

half.

When the amoimt or"]
value of the considera-
tion for the sale does
not exceed $100 . . J

Above $100 and not ex-"!

ceeding $250 . . . . J One dollar and

Above $250 and not ex- ->

ceeding $500 .... V Three dollars.

And for every fiirther :^

$250 or any part 1 One dollar and a half,
thereof . . . . . . j

(6) Of shares in a company, whether on sale

or otherwise —
,., ,„, ^, f xu i. f • cii il Five cents for every $100

(1) Where the name of the transferee IS filled I ^ fractional part of
m prior to the execution of the transfer ^ ^^^^ ^^ ^j^^ nominal

by the transferer J ^-alue of the shares.

(ii) Where the name of the transferee is not"! Thirty cents for every
filled in prior to the execution of the 1 $100 or fractional part
transfer by the transferor (commonly [ of $100 of the nominal
called a " blank transfer ") . . . . J value of the shares.

STAMP.

Description of instrument. Proper stamp duty.

Note. — " Nominal value " means the full amount or denomination of the
share, irrespective of the amount for the time being paid thereon,
(c) Of any projjorty except sucli shares as ^

aforesaid by way of security or of any > See Charge,
security . . . . . . . . -^

The same duty aa a con-
veyance on sale for a
(consideration equal to
the value of the property

(f/) Of any property (except such shares as
aforesaid) by way of gift (not being a
settlement)

E. 4 of 1915 . (c) Of any trust property (except such shares "1

as aforesaid) without consideration
from one trustee to another trustee or
from a trustee to a beneficiary
Ecemption. — Conveyances and transfers to the Ruler of the State or
to the Government of tlie State, or to any person to the use of or in
trust for such Ruler or Government.

Two dollars.

22. — Copy or Extract
(attested or in
any manner au-
thenticated) of
or from —

' (a) If the original was "
not chargeable
with duty, or if
the duty with
which it was
chargeable does
not exceed fifty
cents

Twenty-five cents.

(a) An instrument

chargeable

with any

duty
(6) An original will

or codicil . .

probate copy
of a will or
codicil

(d) Any letters of

administra-
tion

(e) Any public re-

gister (ex-
cept any re-
gister of
births, bap-
tisms, marri-
ages, deaths,
or burials) . .
(/) The books,rolls (6) In any other case . . Fifty cents,
or records of
any court . .
Exemptions.- — Copy —
(a) Of any paper which a public officer is expressly required by law to

make or furnish for record in any public office or for any public

purpose.
(6) Copy of extract of or from any law proceedings.
23. — Counterpart or r (a) If the duty with i

Duplicate of any which the original

instrument char- instrument

geable with duty, chargeable does

and in respect of not exceed fifty

which the proper cents

duty has been

paid : provided

that the original

shallbe produced

duly stamped, if

required by the

Collector . . *- (6) In any other case . . Fifty cents.

The same duty as is pay-
able on the original.

STAMP.

Proper stamp duty.

Five dollars.

Description of instrument.

24. — Covenant. — Any soparato deed of covenant "
(not being a deed chargeable with ad valorem
duty as a conveyance or charge) made on
the sale or charge of any property, or of any
right or interest therein, and relating solely
to the conveyance or enjoyment of or the
title to the property sold or charged, or to
the production of the muniments of title re-
lating thereto or any of the matters afore-
said . .

25. — Declaration or r When the value of the

Revocation of property does not ex- ^Two dollars.
ANY USE OR ceed $1,000
Trust of or con-
cerning any pro-
perty by any
writing not being
a deed or will or
an instrument
chargeable with
duty as a settle-
ment

I "V

26. — Deed of any
schedule
Duplicate

- In every other case
kind not described in tliis

Five dollars.
•Five dollars.

27. — Exchange

See Counterpart.

{-, The same duty as a con-
Any instrument where- veyance for a considera-
by an exchange of any > tion equal to the value
property is effected .. I of the property of greater
value.
Extract. See Copy.

Further Charge. See Instrument, No. 29.^
Gift. See Conveyance.
Indemntty Bond. See Bond.

(The same duty as a prin-
cipal security for the
amoimt secured by such
instriunent.
29. — Lease or Agreement for a Lease of any i when the lease

land, house, or other immovable property ^H^" *''^ll3^^^ ! is for a period
granted or made- ^ ^ not ^LS ' ™f^l „«-

(a) Without fine
or premium

Above

r Where the rent calcu-
lated for a whole year
shall not exceed in
value $100

f but not
\^ exceeding
$100 $250

$250 $500

and for every addi-
tional $250 or any
part thereof . .

(6) In consideration of a fine or premium and
without rent

one year.

year or lor any
indefinite term.

$ C.

1 00

2 00

1 00

1 Query No. 28.

The same duty as for a
convej^ance for a svun
equal to the amount of
such consideration.

Stamp of value equal to
the joint value of the
stamps for a conveyance
on sale in consideration
of the fine or premium
and a lease for the rent.

STAMP.

E. 4 of 1915.

Five dollars.

Fifty cents.

E. 7 of 1920.

E. 4 of 1915

Dcscrii)tion of ia<;trumcnt. Proper stamp duty.

(d) Irrespective of duty otherwise charge- ■
able, where a percentage or proportion,
or the value of a percentage or ]>roj)or-
tion, of the produce of the land is l)y
the lease or agreement for a lease
reserved or payable to the lessor
(c) Lease executed in pursuance of a duly '
stamped agreement for the same on
production of such agreement to the
Collector . . . . . . . . J

Exemptions. — Agricultural lease or agreement for agricultural lease for
any definite term not exceeding three years where the rent reserved
does not exceed ton dollars a year.

Letter of Attorney, See Power of Attorney.
30.— * *
31. — Power or Letter of Attorney —

(a) For the sole purpose of appointing or

authorizing any one person to vote as a
proxy at a meeting of a company or
association —

(i) Where the proxy is to vote at one ni^^^irigl'T'iii.ee cents
only J

(ii) Where the proxy is to vote at more than"! .p.,, „„j,fg
one meeting . . . . . . . . J ^

(b) For the performance of one act only

where the value of the property to be

dealt with is expressed in the power or \- One dollar.

letter and does not exceed two hundred

dollars

described j ^"^^ dollars.

Exemption. — Power or letter of attorney or authority given by any
Government officer for the receipt of his salary or allowances by any
other person.

At the rate of ten cents
for every $100 and for
every fractional part of
$100 over any multiple
of $100 of the amoimt
of vakie of the money
for which the note is
made.

31a. — Promissory Note of any kind whatsoever
(except a bank note)

Proxy. See Power of Attorney.

32. — Receipt for any money or other property the -i

amount or value of which exceeds ten >• Three cents,
dollars . . . . . . . . . . J

Exem,ptions. — Receipt —

(a) Endorsed on or contained in any instrvunent duly stamped or
exempted acknowledging the receipt of the consideration money
therein expressed, or the receipt of any principal money, interest, or
annuity or other periodical payment therein seciu-ed.

(b) For any payment of money without consideration.

any banker to be accomited for :
Provided the same be not expressed to be received of or by the

hands of any other than the person to whom the same is to be

accounted for ;
Provided also that this exemption shall not extend to a receipt or

acknowledgment for any sum paid or deposited for or upon a

STAMP. 81

letter of allotment of a share or in respect of a call upon any
scrip or share of or in any company or association or proposed or
intended company or association.
(d) Given by any Government officer for salary or allowances paid to
him by the Government.

Re- CONVEYANCE OF CHARGED PROPERTY. See Charge.

Description of instrument. Proper stamp duty.

(a) If on a sale . . . . / ^^^" ^^"^® "^"^y as a con-

33. — Release, that is [ veyance on sale,

to say any in- (ft) jf by way of security. /The «ame duty as a
strument where- -^ j j ^ charge.

releases anv'pro" C') If by way of gift . . | ^''0 «ame dut y as a con-
reieases any pro- yi J J & s veyance by way of gift,

perty or any right (^) In any other case not |
or interest in otherwise specifi- L.

any property. ^ally charged with p'^° dollars,

duty . . . . J

Respondentia Bond. See Charge.

Revocation of any Trust. See Declaration of Trust.

34. — Settlement, or Agreement for a Settle-
ment . .

The same duty as a
charge for a sum equal
to the amoimt or value
of the property settled
or agreed to be settled.

35. — Substitution under or in virtue of a Power of \ q dollar
Attorney . . . . . . . . . . J

r (a) When the duty with l^j^^ ^^^ ^.^^^ ^j^j^j^
36.-SURRENDER OF ^^^'^^^ ^J"^ ^^'^ \' [ such lease is charge-

Lease .. j excefr$2 J ^^^^-

[(6) In any other case .. Two dollars.
Exemption. — Surrender of lease when such lease is exempted from duty.
Transfer. See Conveyance,

Trust. I ^'^^^^^^^^^^io"-
(^»5ee Conveyance.

General Exemptions.

(1) Transfers by endorsement- —

(a) Of a bill of exchange, cheque, or j^romissory note ;

(b) Of a bill of lading ;

(d) Of charges on rates and taxes authorized by any Enactment for the

time being in force in the State.

(e) Of securities of the Government of the State.

(2) All instruments of any kind whatsoever which are made or executed
by any Government officer or given to any Government officer in either case on
behalf of the Ruler of the State or the Government of the State, and on which
in the latter case duty wovild but for this exemption be payable by such
officer.

The above exemption does not extend to any deed, instrument, or writing
signed or executed by any officer as Official Administrator ; or by a receiver
appointed by the Court ; or to any instrument rendered necessary by any
Enactment, Order in Council, or order of court ; or to a sale made for the
recovery of an arrear of revenue or rent or in satisfaction of a decree or order
of court,

(3) Apprenticeship deed.

(4) Instruments relating exclusively to immovable property situate out
of the State or relating exclusively to things to be done out of the State.

1—6

FISH PKOTECTION.

Short title,
commencement,
and repeal.

Prohibition of
use of tuba or
dynamite for
destruction or
capture of fish
iu streams.

Penalty.

Perak.
E. 2 of 1898
28.2.1898
11.3.1898

Selangor.
E. 1 of 1898
2.2.1898
4.2.1898

Negri Sembilan.
E. 8 of 1898
16.3.1898
22.3.1898

Fahang.
E. 13 of 1902
12.11.1902
1.1.1903

An Enactment to prohibit the destruction of Fish by
Tuba or Dynamite.

It is hereby enacted by His Highness the Sultan in Council as
follows : — -

1. (i) This Enactment may be cited as the " Fish Protection
Enactment, 1898," and shall come into force on the publication
thereof in the Gazette.^

2 (ii) Upon the coming into force of this Enactment the Enact-
ment specified in the schedule hereto shall be repealed to the extent
in the said schedule mentioned.

2. (i) After the coming into force of this Enactment, no person
shall destroy or capture fish by poisoning any stream with tuba
or any other such substance, or by exploding dynamite or any
other such substance in or near any stream.

(ii) The provisions of this section shall not apply to any person
destroying or capturing fish in the manner described in sub-section
(i) with the consent in wTiting of the Ruler of the State, such
consent being given on the "written advice of the Resident.

3. Any person committing or attempting to commit any offence
against the provisions of this Enactment shall, on conviction, be
liable to fine not exceeding one hundred dollars, or to imprisonment
of either description for any period not exceeding one month, or
to both.

SCHEDULE.2

ENACTMENT REPEALED.

Number.

Short title.

Perak: 0. in C. 3 of 1890.

Selangor: O. in C. of 30th
Julv, 1881.

Prohibition of tuba fish-
ing.

Use of tuba and dyna-
mite for fishing in
rivers and streams
prohibited.

Extent of repeal.

The whole.

Pg. " upon the first day of January, 1903."
Omitted in N.S. and Pg.

AFFIRMATIONS.

Perak.

Selangor.

Negri Sembilan.

Pahang.

E. 8 of 1898

E. 10 of 1898

E. 9 of 1898

E. 8 of 1898

15.3.1898

IG.3.1898

25.3.1898

1.6.1898

1.12.1898

22.3.1898

15.4.1898

An Enactment to provide for the taking of Evidence on
Affirmation in Judicial Proceedings, and for other
purposes.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as the "Affirmations short title,
Enactment, 1898," and shall come into force upon a day to be ^^?)a°nd
fixed by the Resident by notification in the Gazette.^ repeal.

2 (ii) On the commencement of this Enactment the Enactment
mentioned in the first schedule shall be repealed to the extent
specified in the third column of such schedule.

2. All courts and persons having, by law, or by order of reference Autiiority to
by any court, or by consent of parties, authority to receive evidence affirmations.
are authorized to administer, by themselves or by an officer
empowered by them in that behalf, affirmations in discharge of

the duties or in exercise of the power conferred upon them respec-
tively, as aforesaid.

3. Affirmations shall be made by the following persons : —

(a) All witnesses — that is to say, all persons who may be By whom

lawfully examined, or give, or be required to give, evidence to ™madc! ""^
by or before any court, or person having, as aforesaid,
authority to examine such persons or to receive evidence ;

(6) Interpreters of questions put to and of evidence given by
witnesses ;

{d) Jurors.

4. Nothing in the last preceding section contained shall render official inter-
it necessary for the official interpreter of any court, after he has not make"'
entered on the duties of his office, to make an affirmation that he affirmations
will faithfully discharge those duties.

6. (i) Affirmations made under Section 3 shall be according to ^orm of^^^^
the forms in the second schedule, with such variations (if any) as
the circumstances of the case may require.

1 Substitute " publication thereof in the Gazette " in N.S. and Pg.

2 Omitted in Perak and Pahang.

AFFIRMATIONS.

Affirmation
may lie niado
instead of oatli.

Power of court
to tender
certain oaths
or aUinnations.

Procedure when
a party offers to
be bound by
oath or affirma-
tion.

Court may
administer the
oath or
affirmation.

Evidence
conclusive.

Effect of refusal
to take oath or
affirmation.

Omission or
irregularity
not to
invalidate
proceedings
or evidence.

Persons giving
evidence bound
to state the
truth.

Summary
punishment for
perjury in open
court.

(ii) The Judicial Commissioner, with the approval of the Resident-
General, may, from time to time, by order published in the Gazette,
vary or add to the form in the second schedule.

6. (i) In every case in which an oath is ])rescribed by any Enact-
ment an attirmation may be made instead of an oath.

(ii) This section appli(\s to all Enactments, whether passed before
or after the commencement of this Enactment.

7. If any ])arty to, or witness in, any judicial proceeding offers
or, upon challenge, consents to give evidence on oath or affirmation
in any form common amongst or held binding by persons of the
race or persuasion to which he belongs, and not repugnant to
justice or decency, and not purporting to affect any third person,
the court may, if it thinks fit, notwithstanding anything herein-
before contained, tender such oath or affirmation to him'.

8. If any party to any judicial proceeding offers to be bound
by any such oath or affirmation as is mentioned in Section 7, if
such oath or affirmation is made by the other party to or by any
witness in such proceeding, the court may, if it thinks fit, ask such
party or witness, or cause him to be asked, whether or not he will
make the oath or affirmation.

Provided that no party or witness shall be compelled to attend
personally in court solely for the purpose of answering such question.

9. If such party or witness agrees to make such oath or affirma-
tion, the court may proceed to administer it, or, if it is of such a
nature that it may be more conveniently made out of court, the
court may issue a commission to any jjerson to administer it, and
authorize him to take the evidence of the person to be sworn or
affirmed, or return it to the court.

10. The evidence so given shall, as against the person who offered
to be bound as aforesaid, be conclusive joroof of the matter stated.

11. If the party or witness refuses to make the oath or affirmation
referred to in Section 7 he shall not be compelled to make it, nor
be asked his reason for refusal, but the court shall record, as part
of the proceedings, the nature of the oath or affirmation proposed,
the facts that he was asked whether he would make it and that he
refused it, together with any reason which he may voluntarily
assign for his refusal.

12. No omission to take any oath or make any affirmation, no
substitution of any one for any other of them, and no irregularity
whatever in the form in which any one of them is administered
shall invalidate any proceeding or render inadmissible any evidence
whatever in or in respect of which such omission or irregularity
took place, or shall affect the obligation of a witness to state the
truth.

13. Every person giving evidence on any subject before any
court or person hereby authorized to administer affirmations shall
be bound to state the truth on such subject.

14. (i) If any person giving evidence on any subject in open court
in any judicial proceeding, whether civil or criminal, before the

AFFIRMATIONS.

Judicial Commissioner, the Chief Magistrate, ^ or a magistrate of the
first class, gives, in the opinion of the court before which the judicial
])roceeding is held, false evidence within the meaning of Section
191 of the Penal Code, it shall be lawful for the court, if such court
be the court of the Judicial Commissioner or Chief Magistrates^
summarily to sentence such witness to imprisonment of either
description for any period not exceeding three months, or to fine
such mtness in any sum not exceeding one hundred dollars ; or if
such court be the court of a magistrate of the first class, summarily
to sentence such witness to imprisonment of either description for
any period not exceeding one month, or to fine such witness in
any sum not exceeding fifty dollars.

(ii) A person who has undergone any sentence of imprisonment,
or paid any fine imposed under this section, shall not be liable to
be punished again for the same offence.

(iii) Whenever the power given by this section is exercised by
the Chief Magistrate's court, ^ the person passing the sentence or
imposing the fine shall forthwith transmit to the Judicial Commis-
sioner a full report of the action taken and of the reasons for it,
together with a transcript of the evidence taken in the case.

(iv) Whenever the power given by this section is exercised by
the court of a magistrate of the first class, the person passing the
sentence or imposing the fine shall forthwith transmit to the Chief
Magistrate ^ a similar report and transcript.

(v) The Judicial Commissioner or Chief Magistrate,^ as the case
may be, may quash any sentence passed under this section by a
court subordinate to him, or may remit, either in whole or in part,
the sentence passed or fine imposed.

(vi) Instead of exercising the power given by this section the
court before which the false evidence is given may, if it thinks
fit, summarily commit the offender for trial before any court having
jurisdiction, and shall in that case bind over all persons whose
evidence it may consider material to appear and give evidence at
such trial.

First Schedule.
ENACTMENT REPEALED.

Number.

Sel.,N.S.: Straits Settle-
ments Ordinance V.
of 1890.

Short title.

Oaths

Ordinance,
1890.

Extent of repeal.

The whole in so far
as the same is law
in the State under
the Courts Regu-
lation, 1893.2

1 In Pk. substitute " Senior Magistrate."
Resident."

2 Negri Sembilan, 1894.

In N.S. and Pg. substitute

86 AFFIRMATIONS.

Second Schedule.
FORMS OF AFFIRMATION.

(i) For a Witness —

I solemnly affirm that- the evidence which T shall give in this
case touching the matter in question shall be the truth, the whole
truth, and nothing but the truth, as bound by my faith, honour,
and charity, and mindful of Section 181 of the Penal Code.

(ii) For an Interpreter —

I solemnly affirm that I will well and truly interpret the questions
put to witnesses, and the evidence given by witnesses from the
[English] language into the [Tamil] language, and from the [Tamil]
language into the [English] language, as the case may require, as
bound by my faith, honour, and charity, and mindful of Section 181
of the Penal Code.

(iii) For a Juror^

I solemnly affirm that I will well and truly try Avhether the
accused be guilty of the offence or offences with which he is charged,
and a true verdict give according to the evidence.

(iv) For an Official Interpreter — -

I solemnly affirm that I will always in my office of interpreter in
the courts of the State, well and truly, without fear or favour or
the hope or promise of reward, interpret the questions put and the
answers given by the witnesses, as also the statements made by
the court or by the parties or prisoner, and will also so translate
and, if required by the court, transcribe, any documents given to
me for that purpose, which I will faithfully guard from mutilation
or alteration, as bound by my faith, honour, and charity, and
mindful of Section 181 of the Penal Code.

(v) For an Official Translator —

I solemnly affirm that I will always, in my office of translator in
the courts of the State, well and truly, without fear or favour or
the hope or promise of reward, translate and, if required by the
court, transcribe, all documents given to me for that purpose,
which I will faithfully guard from mutilation or alteration, as
bound by my faith, honour, and charity, and mindful of Section 181
of the Penal Code.

GANJA PROHIBITION.

Perak.

Selangor.

Negri Sembilan.

Pahang.

E. 1 of 1898

E. 15 of 1898

E. 2 of 1899

E. 5 of 1898

28.2.1898

12.11.1898

22.2.1899

25.3.1898

1.6.1898

1.1.1899

17.4.1899

15.4.1898

An Enactment to prohibit the importation or possession
of Ganja.

It is hereby enacted by His Highness the Sultan in Council as short title and

(•11 ' commence-

folloWS : ment.

1. This Enactment may be cited as the " Ganja Prohibition
Enactment, 1898," and shall come into operation upon the first
day of January, 1899.^

2. In this Enactment " ganja " means the young flower, gum, Definition.
stems, fruit, or leaves of the plant canabis sativa, or of the plant
clerodendron siphonanthus.

3. The importation into the State, or possession in the State, of Prohibition,
ganja is hereby prohibited,

4. (i) If any person shall import or attempt to import any ganja penalty.
in contravention of the terms of this Enactment, he shall be liable,

on conviction, to fine which may amount to five hundred dollars,
or to imprisonment of either description for any period not exceed-
ing six months, and for a second or any subsequent offence to fine
which may amount to one thousand dollars, or to imprisonment of
either description for any period not exceeding twelve months,

(ii) If any person shall be found in possession of any ganja in
contravention of the terms of this Enactment he shall be liable, on
conviction, to fine which may amount to one hundred dollars, or to
imprisonment of either description for any period not exceeding
one month, and for a second or any subsequent offence to fine
which may amount to two hundred and fifty dollars, or to imprison-
ment of either description for any period not exceeding three
months.

(iii) Any ganja imported or attempted to be imported or found
in the possession of any person in contravention of the terms of
this Enactment shall be forfeited upon the order of a magistrate
to that effect.

1 Pk : "the first day of June 1899." N.S. : "the expiration of one month
after publication thereof in the Gazette:' Pg. : " the date of its publication
in the Gazette: '

GANJA PROHIBITION.

Exception.

Onus of proofi

Powws of
search.

Arrest.

Payment to
informw.

6. The provisions of this Enactment shall not apply to ganja
imported or possessed under a license in writing under the hand
of the Resident.

6. Any person found in ])ossession of ganja shall Ijc deemed, until
the contrary be proved, to have imported the same in contravention
of the terms of this Enactment.

7. Any magistrate, if satisfied by sworn information in writing
that there is good reason to believe that any ganja, which has
been imported or is possessed in contravention of tlu; terms of
this Enactment, is likely to be found in any place in the State,
may, by warrant under his hand, direct any person therein named
or described to enter such place and search the same and seize all
ganja there found, and detain the same pending the decision of a
magistrate as to whether it is liable to forfeiture.

8. Any person found offending against the provisions of this
Enactment may be arrested without warrant by any police officer.

9. The convicting magistrate may direct any fine or any portion
of a fine imposed and levied under this Enactment to be paid to
the informer or informers.

NEGOTIABLE INSTRUMENTS.

Perak.

Selangor.

Negri Sembilaii.

Pahang.

E. 14 of 1898

E. 16 of 1898

E. 17 of 1898

E. 5 of 1899

14.11.1898

12.11.1898

22.12.1898

7.2.1899

1.3.1899

1.7.1899

as amended by

E. 8 of 1899

E. 10 of 1899

E. 5 of 1899

E. 18 of 1899

An Enactment to define and amend the law relating to
Promissory Notes, Bills of Exchange, and Cheques.

It is hereby enacted by His Highness the Sultan in Council as
follows : — ■

Chapter I.

PRELIMINARY.

1. This Enactment may be cited as the "Negotiable Instruments short utie.
Enactment, 1898."

2. This Enactment shall come into force on a day to be fixed by Commwca-
the Resident by notification in the Gazette. ™*° '

3. In this Enactment interpretation.

"Banker" includes also persons or a corporation or company "B«nker."
acting as bankers ;

"Notary public" includes also any person appointed by the "Noury
Resident whether by name or office to perform the functions of a ^"
notary public under this Enactment ;

" Currency note " means a note issued by the Governments of "Currency
the Federated Malay States or by the Government of the Colony.

Chapter II.
OF NOTES, BILLS, AND CHEQUES.

4. A " promissory note " is an instrument in writing (not being "Promissory
a bank note or a currency note) containing an unconditional under- "°^''
taking, signed by the maker, to pay a certain sum of money only

to, or to the order of, a certain person, or to the bearer of the
instrument.

Illustbation.
A signs instriiments in the following terms :
(a) " I promise to pay B or order $500."

(6) " I acknowledge myself to be indebted to B in $1,000, to be paid on
demand, for value received,"
89

NEGOTIABLE INSTRUMENTS.

" mil of

•xch»nge.'

«• Cheque.'

'• Drawer.'
" Drawee.'

" Drawee in
case of need.'

" Acceptor."

*' Acceptor for
honour."

(d) " I promise to pay B $500 and all otlier sums which sliall bo due

to him."

(e) " I promise to pay B $500, first deducting thereout any money which

he may owe me."
(/) "I promise to pay B $500 seven days after my marriage with C."
(g) " I promise to pay B $500 on D's death, i)rovided D leaves me enough

to pay that sum."
(h) "I promise to pay B $500 and to deliver to him my black horse on

1st January next."

The instruments respectively marked (a) and (h) arc promissory
notes. The instruments respectively marked (c), (d), (e), (/), (g),
and (h) are not promissory notes.

5. (i) A " bill of exchange " is an instrument in writing con-
taining an unconditional order, signed by the maker, directing a
certain person to pay a certain sura of money only to, or to the
order of, a certain person or to the bearer of the instrument.

(ii) A promise or order to pay is not " conditional," within the
meaning of this section and Section 4', by reason of the time for
payment of the amount or any instalment thereof being expressed
to be on the lapse of a certain period after the occurrence of a
specified event which, according to the ordinary expectation of
mankind, is certain to happen, although the time of its happening
may be uncertain.

(iii) The sum payable may be " certain," within the meaning of
this section and Section 4, although it includes future interest or
is payable at an indicated rate of exchange, or is according to the
course of exchange, and although the instrument provides that,
on default of payment of an instalment, the balance unpaid shall
become due.

(iv) The person to whom it is clear that the direction is given
or that payment is to be made may be a " certain person," within
the meaning of this section and Section 4, although he is misnamed
or designated by description only.

6. A " cheque " is a bill of exchange drawn on a specified banker
and not expressed to be payable otherwise than on demand.

7. (i) The maker of a bill of exchange or cheque is called the
" drawer " ; the person thereby directed to pay is called the
" drawee."

(ii) When in the bill or in any indorsement thereon the name
of any person is given in addition to the drawee to be resorted to
in case of need, such person is called a " drawee in case of need."

(iii) After the drawee of a bill has signed his assent upon the
bill, or, if there are more parts thereof than one, upon one of such
parts, and delivered the same or given notice of such signing to
the holder or to some person on his behalf, he is called the
" acceptor."

(iv) When acceptance is refused and the bill is protested for
non-acceptance, and any person accepts it supra protest for honour
of the drawer or of any one of the indorsers, such person is called
an " acceptor for honour."

NEGOTIABLE INSTRUMENTS. 91

(v) The person named in the instrument, to whom or to whose •• p.^ee.-
order money is by the instrument directed to be paid, is called the
" payee."

8. The " holder " of a promissory note, bill of exchange, or cheque •• noidcr.-
means any person entitled in his own name to the possession thereof

and to receive or recover the amount due thereon from the parties
thereto.

Where the note, bill, or cheque is lost or destroyed, its holder is
the person so entitled at the time of such loss or destruction.

9. "Holder in due course" means any person who for con- "Holder in due
sideration became the possessor of a promissory note, bill of ''°""«-"
exchange, or cheque if payable to bearer, or the payee or indorsee

thereof, if payable to, or to the order of, a payee, before the amount
mentioned in it became payable, and without having sufficient
cause to believe that any defect existed in the title of the person
from whom he derived his title,

10. "Payment in due course" means payment in accordance "Payment in
with the apparent tenor of the instrument in good faith and without "*"* course."
negligence to any person in possession thereof under circumstances

which do not afford a reasonable ground for believing that he is
not entitled to receive payment of the amount therein mentioned.

11. A promissory note, bill of exchange, or cheque drawn or made inland instru-
in the Federated Malay States and made payable in, or drawn upon ™^°'"

any person resident in the Federated Malay States, shall be deemed
to be an inland instrument.

12. Any such instrument not so drawn, made, or made payable Foreign m-
shall be deemed to be a foreign instrument. strument.

13. A "negotiable instrument" means a promissory note, bill "Negotiable
of exchange, or cheque expressed to be payable to a specified person "* rument.
or his order, or to the order of a specified person, or to the bearer
thereof, or to a specified person or the bearer thereof,

14. When a promissory note, bill of exchange, or cheque is Negotiation,
transferred to any person, so as to constitute that person the holder
thereof, the instrument is said to be negotiated.

15. When the maker or holder of a negotiable instrument signs indorsement.
the same, otherwise than as such maker, for the purpose of negotia-
tion, on the back or face thereof or on a slip of paper annexed
thereto, or so signs for the same purpose a stamped paper intended

to be completed as a negotiable instrument, he is said to indorse
the same, and is called the " indorser."

16. If the indorser signs his name only, the indorsement is said indorsement
to be "in blank," and if he adds a direction to pay the amount "mfuu."
mentioned in the instrument to, or to the order of, a specified person,

the indorsement is said to be " in full " ; and the person so specified is " indorsee."
called the " indorsee " of the instrument,

17. Where an instrument may be construed either as a promis- Ambicuous
sory note or bill of exchange, the holder may at his election treat it as
either, and the instrument shall be thenceforward treated accord-
ingly.

NEGOTIABLE INSTRUMENTS.

Where amount
is stated rlifTer-
ently in (ii,'ures
and words.

Instruments
payable on
demand.

Iiu'hoatc
stamped ia-
strumeuts.

" At sight."
" On present-
ment."
" Alter sight.'

' ■ Maturity."

Days of grace.

18. If the amount undertaken or ordered to be paid is stated
differently^ in figures and in words, the amount stated in words shall
be the amount undertaken or ordered to be paid.

19. A promissory note or bill of exchange, in which no time for
payment is specified, and a cheque, are payable on demand.

20. Where one person signs and delivers to another a paper
stam])ed in accordance ^\ith the law relating to negotiable instru-
ments then in force in the Federated Malay Htates, and either wholly
blank or having written thereon an incomplete negotiable instru-
ment, he thereby gives prima facie authority to the holder thereof to
make or complete, as the case may be, upon it a negotiable instru-
ment, for any amount specified therein and not exceeding the amount
covered by the stamp. The person so signing shall be liable upon
such instrument, in the capacity in which he signed the same, to any
holder in due course for such amount : provided that no person
other than a holder in due course shall recover from the person
delivering the instrument anything in excess of the amount intended
by him to be paid thereunder.

21. In a promissory note or bill of exchange the expressions
" at sight " and " on presentment " mean on demand. The ex-
j)ression " after sight " means, in a promissory note, after present-
ment for sight, and, in a bill of exchange, after acceptance, or noting
for non-acceptance, or protest for non-acceptance.

22. The maturity of a promissory note or bill of exchange is the
date at which it falls due.

Calculating
maturity of bill
or note payable

after date or
Bight

Everj'^ promissory note or bill of exchange which is not expressed
to be payable on demand, at sight, or on presentment is at maturity
on the third day after the day on which it is expressed to be payable,

23. In calculating the date at which a promissory note or bill of
exchange, made payable a stated number of months after date or
aft"^i7te"o°r"*''^ aftcr sight, or after a certain event, is at maturity, the period stated
shall be held to terminate on the day of the month which corresponds
with the day on which the instrument is dated, or presented for
acceptance or sight, or noted for non-acceptance, or protested for
non-acceptance, or the event happens, or, where the instrument is a
bill of exchange made payable a stated number of months after sight
and has been accepted for honour, with the day on which it was so
accepted. If the month in which the period would terminate has no
corresponding day, the period shall be held to terminate on the last
day of such month.

Illustrations.

(o) A negotiable instrument, dated 29th January, 1898, is made payable at
one month after date. The instrument is at maturity on the third day after
the 28th February, 1898.

(6) A negotiable instrument, dated 30th August, 1898, is made payable
three months after date. The instrviment is at matvu-ity on the 3rd December,
1898.

(c) A promissory note or bill of exchange, dated 31st August, 1898, is made
payable three months after date. The instrument is at maturity on the 3rd
December, 1898.

NEGOTIABLE INSTRUMENTS.

24. In calculating the date at which a promissory note or bill of caicuutin?
exchange made payable a certain number of days after date or after ™r*noK»°y»w"
sight or after a certain event is at maturity, the day of the date, or of 9° "»»">■ '^'ys
presentment tor acceptance or sight, or of protest for non-acceptance, siKht.

or on which the event happens, shall be excluded.

25. When the day on which a promissory note or bill of exchange when day of
is at maturity is a public holiday, the instrument shall be deemed to holiUayV '* *
be due on the next preceding business day.

Explanation. — The expression " public holiday " includes Sundays ;
New Year's Day, Christmas Day — if either of such days falls on a Sunday,
the next following Monday ; Good Friday ; and any other day declared by
the State Government, by notification in the Oazette, to be a public holiday.

Chapter III.
PARTIES TO NOTES, BILLS, AND CHEQUES.

26. (i) Every person capable of contracting, may bind himself capacity to
and be bound by the making, drawing, acceptance, indorsement, promusory
deUvery, and negotiation of a promissory note, bill of exchange, or notes, etc.
cheque.

(ii) A minor may draw, indorse, deliver, and negotiate such instru- Minor.
ment so as to bind all parties except himself.

(iii) Nothing herein contained shall be deemed to empower a
corporation to make, indorse, or accept such instruments except in
cases in which, under the law for the time being in force, they are so
empowered.

27. (i) Every person capable of binding himself or of being Agency,
bound as mentioned in Section 26 may so bind himself or be bound

by a duly authorized agent acting in his name.

(ii) A general authority to transact business and to receive and
discharge debts does not confer upon an agent the power of accepting
or indorsing bills of exchange so as to bind his principal.

(iii) An authority to draw bills of exchange does not of itself
import an authority to endorse.

28. An agent who signs his name to a promissory note, bill of Liability of
exchange, or cheque without indicating thereon that he signs as agent, =

or that he does not intend thereby to incur personal responsibility,
is liable personally on the instrument, except to those who induced
him to sign upon the belief that the principal only would be held
liable.

29. A legal representative of a deceased person who signs his LiabUityof

~ i <>i 1 "I'll leal represen-

name to a promissory note, bill of exchange, or cheque is liable per- tative signing.
sonally thereon unless he expressly limits his liability to the extent
of the assets received by him as such.

30. The drawer of a bill of exchange or cheque is bound, in case of Liability of
dishonour by the drawee or acceptor thereof, to compensate the
holder, provided due notice of dishonour has been given to, or
received by, the drawer as hereinafter provided.

NEGOTIABLE INSTRUMENTS.

Liability of
drawee of
cheque.

Liability of
maker of note
and acceptor of
bill.

Only drawee
can be acceptor
except in need
or for honour.

Acceptance by
several drawees
not partners.

Liability of
indorser.

Liability of prior
parties to holder
in due course.

Maker, drawer,
and acceptor
principals.

Prior party a
principal in
respect of each
subsequent
party.

Suretyship.

31. The drawee of a cheque having sufficient funds of the drawer
in liis hands properly applicable to the payment of such cheque must
pay the cheque when duly required so to do, and, in default of such
payment, must compensate the drawer for any loss or damage caused
by such default.

32. In the absence of a contract to the contrary, the maker of a
promissory note and the acceptor before maturity of a bill of ex-
change are bound to pay the amount thereof at maturity according
to the apparent tenor of the note or acceptance respectively, and the
acceptor of the bill of exchange at or after maturity is bound to pay
the amount thereof to the holder on demand.

In default of such payment as aforesaid, such maker or acceptor
is bound to compensate any party to the note or bill for any loss or
damage sustained by him and caused by such default.

33. No person except the drawee of a bill of exchange, or all or
some of several drawees, or a person named therein as a drawee in
case of need, or an acceptor for horfour, can bind himself by an
acceptance.

34. Where there are several drawees of a bill of exchange who are
not partners, each of them can accept it for himself, but none of them
can accept it for another without his authority.

35. In the absence of a contract to the contrary, whoever indorses
and delivers a negotiable instrument before maturity, without, in
such indorsement, expressly excluding or making conditional his own
liability, is bound thereby to every subsequent holder, in case of
dishonour by the drawee, acceptor, or maker, to compensate such
holder for any loss or damage caused to him by such dishonour,
provided due notice of dishonour has been given to, or received by,
such indorser as hereinafter provided.

Every mdorser after dishonour is liable as upon an instrument
payable on demand.

36. Every prior party to a negotiable instrument is liable thereon
to a holder in due course until the instrument is duly satisfied.

37. The maker of a promissory note or cheque, the drawer of a
bill of exchange until acceptance, and the acceptor are, in the
absence of a contract to the contrary, respectively liable thereon
as principal debtors, and the other parties thereto are liable thereon
as sureties for the maker, drawer, or acceptor, as the case may be.

38. As between the parties so liable as sureties, each prior party
is, in the absence of a contract to the contrary, also liable thereon as
a principal debtor in respect of each subsequent party.

Illustration.
A draws a bill payable to his own order on B, who accepts. A afterwards
indorses the bill to C, C to D, and D to E. As between E and B, B is the
principal debtor and A, C, and D are his sureties. As between E and A, A is
the principal debtor and C and D are his sureties. As between E and C, C is
the principal debtor and D is his surety.

39. Where the holder of an accepted bill of exchange enters into
any contract with the acceptor which, under the law in force for the
time being, would discharge the other parties, the holder may

indorser's
liability.

indorsement
forged.

NEGOTIABLE INSTRUMENTS. 95

expressly reserve his right to chcarge the other parties, and in such
case they are not discharged.

40. Where the holder of a negotiable instrument, without the Discharge of
consent of the indorser, destroys or impairs the indorser's remedy
against a prior party, the indorser is discharged from liability to the
holder to the same extent as if the instrument had been paid at
maturity.

Illustration.

A is the holder of a bill of exchange made payable to the order of B, which
contains the following indorsements in blank : —
First indorsement, " B."
Second indorsement, " Peter Williams."
Third indorsement, " Wright & Co."
Fourth indorsement, " John Rozario."
This bill A puts in suit against John Rozario and strikes out, without John
Rozario's consent, the indorsements by Peter Williams and Wright & Co. A is
not entitled to recover anything from John Rozario.

41. An acceptor of a bill of exchange already indorsed is not Acceptor
relieved from liability by reason that such indorsement is forged, if he aith^us;h
knew or had reason to believe the indorsement to be forged when he
accepted the bill.

42. An acceptor of a bill of exchange drawn in a fictitious name Acceptance of
and payable to the drawer's order is not, by reason that such name QctiUou^'iiMne,
is fictitious, relieved from liability to any holder in due course
claiming under an indorsement by the same hand as the drawer's
signature, and purporting to be made by the drawer.

43. A negotiable instrument made, drawn, accepted, indorsed, or Negotiable
transferred without consideration, or for a consideration which fails, nmdT.'ete.,
creates no obligation of payment between the parties to the trans- ^jg^^tfon""^'
action. But if any such party has transferred the instrument with

or without indorsement to a holder for consideration, such holder,
and every subsequent holder deriving title from him, may recover the
amount due on such instrument from the transferor for consideration
or any prior party thereto.

Exception I. — No party for whose accommodation a negotiable instru-
ment has been made, drawn, accepted, or indorsed can, if he have paid
the amount thereof, recover thereon such, amovuit from any person wlio
became a party to such instrument for his accommodation.

ExcErTiON II. — No party to the instrument who has induced any other
party to make, draw, accejit, indorse, or transfer the same to him for a con-
sideration which he has failed to pay or perform in full shall recover thereon
an amomit exceeding the value of the consideration (if any) which he has
actually paid or performed.

44. When the consideration for which a person signed a pro- partial absence
missory note, bill of exchange, or cheque consisted of money, and was
originally absent in part or has subsequently failed in part, the sum
which a holder standing in immediate relation with such signer is
entitled to receive from him is proportionally reduced.

or failure of
money-con-
sideration.

ExpLAJSTATiGN. — The drawer of a bill of exchange stands in immediate
relation with the acceptor. The maker of a promissory note, bill of exchange,
or cheque stands in immediate relation with the payee, and the indorser
with his indorsee. Other signers may by agreement stand in immediate
relation with a holder.

NEGOTIABLE INSTRUMENTS.

Partial failure
of consideration
not consisting
of money.

IlM'STHATION.

A draws a Ijill on B for $500 payable to the order of A. B accepts the bill,
but subsoquonlly dishonours it by non-payment. A sues B on the bill. B
proves that it was accejited for value as to $400, and as an accommodation to
the plaintid' as to the residue. A can only recover $400.

45. Where a part of the consideration for which a person signed a
])r()inissory note, bill of exchange, or cheque, though not consiHting
of money, is ascertainable in money without collateral enquiry, and
there has been a failure of that part, the sum which a holder
standing in immediate relation with such signer is entitled to receive
from him is proportionally reduced.

Delivery.

Chapter IV.
OF NEGOTIATION.

46. (i) The making, acceptance, or indorsement of a promissory
note, bill of exchange, or cheque is completed by delivery, actual or
constructive.

(ii) As between parties standing in immediate relation, delivery
to be effectual must be made by the party making, accepting, or
indorsing the instrument, or by a person authorized by him in that
behalf.

(iii) As between such parties and any holder of the instrument
other than a holder in due course, it may be shown that the instru-
ment was delivered conditionally or for a special purpose only, and
not for the purpose of transferring absolutely the property therein.

(iv) A promissory note, bill of exchange, or cheque payable to
bearer is negotiable by the dehvery thereof.

(v) A promissory note, bill of exchange, or cheque payable to order
is negotiable by the holder by indorsement and delivery thereof.

47. Subject to the provisions of Section 58 a promissory note, bill
of exchange, or cheque payable to bearer is negotiable by delivery
thereof.

Exception. — A promissory note, bill of exchange, or cheque delivered on
condition that it is not to take effect except in a certain event is not negotiable
(excejit in the hands of a holder for value without notice of the condition)
unless such event happens.

Illustrations.

(a) A, the holder of a negotiable instrument payable to bearer, delivers it to
B's agent to keep for B. The instrument has been negotiated.

(6) A, the holder of a negotiable instrument payable to bearer, which is in
the hands of A's banker, who is at the time the banker of B, directs the banker
to transfer the instrument to B's credit in the banker's accomit with B. The
banker does so, and accordingly now possesses the instrument as B's agent.
The instrument has been negotiated, and B has become the holder of it.

Negotiation by 48. Subjcct to the provisions of Section 58, a promissory note, bill
of exchange, or cheque payable to the order of a specified person, or
to a specified person or order, is negotiated by the holder by indorse-
ment and delivery thereof.

Negotiation by
delivery.

NEGOTIABLE INSTRUMENTS. 97

49. The holder of a negotiable instrument indorsed in blank may, conversion of
without signing his own name, by writing above the indorser's sig- bia°kiX""°
nature a direction to pay to any other person as indorsee, convert the indorsement in
indorsement in blank into an indorsement in full ; and the holder '""'

does not thereby incur the responsibility of an indorser.

50. The indorsement of a negotiable instrument followed by Effect of
delivery transfers to the indorsee the property therein with the 'nJoraement.
right of further negotiation ; but the indorsement may, by express

words, restrict or exclude such right, or may merely constitute the
indorsee an agent to indorse the instrument, or to receive its
contents for the indorser, or for some other specified person.

Illustrations.

B signs the following indorsements on different negotiable instruments
payable to bearer : —

(a) " Pay the contents to C only."
(6) " Pay C for my use."

(d) " The within must be credited to C."

These indorsements exclude the right of further negotiations bj^ C.

(e) " Pay C."

(/) " Pay C value in account with the Chartered Bank."
(g) " Pay the contents to C, being part of the consideration in a certain deed
of assignment executed by C to the indorser and others."

These indorsements do not exclude the right of further negotiation by C.

51. Every sole maker, drawer, payee, or indorsee, or all of several who may
joint makers, drawers, payees, or indorsees, of a negotiable instru- negotiate.
ment, may, if the negotiability of such instrument has not been
restricted or excluded as mentioned in Section 50, indorse and
negotiate the same.

Explanation. — Nothing in this section enables a maker or drawer to indorse
or negotiate an instrmnent, imless he is in lawful possession or is holder
thereof ; or enables a payee or indorsee to indorse or negotiate an instrument,
unless he is holder thereof.

Illustration.

A bill is drawn payable to A or order. A indorses it to B, the indorsement
not containing the words "or order" or any equivalent words. B may
negotiate the instrument.

52. The indorser of a negotiable instrument may, by express indorser who
words in the indorsement, exclude his own liability thereon, or own'uaijiilty or
make such liability or the right of the indorsee to receive the m^i^'S't

1 11 1 • e -c ^ conditional.

amount due tliereon depend upon the happening oi a specinecl
event, although such event may never happen.

Where an indorser so excludes his liability and afterwards
becomes the holder of the instrument, all intermediate indorsers
are liable to him.

Illustrations.
(a) The indorser of a negotiable instrument signs his name, adding the
words :

" Without recourse."

Upon this indorsement he incurs no liability.

1—7

NEGOTIABLE INSTRUMENTS.

(6) A is the payee and holder of a negotiable inslruniont. Excluding
personal liability by an indorsement " without recourse," he transfers the
instrument to B, and B indorses it to C, who indorses it to A. A is not only
reinstated in his former rights, but has the rights of an indorsee against B
and C

Holder deriving
title from
holder in duo
course.

Instrument
indorsed in
blank.

Conversion of
indorsement in
blank into
indorsement
in full.

Indorsement
for part of sum
due.

Le^al repre-
sentative can-
not by delivery
only negotiate
instrument
indorsed by
deceased.

Instrument
obtained by
unlawful means
or for unlawful
consideration.

Instrument
acquired after
dishonour or
when overdue.

Accommoda-
tion note or bill.

53. A holder of a negotiable instrument who derives title from
a holder in due course has the rights thereon of that holder in due
course.

54. Subject to the provisions hereinafter contained as to crossed
cheques, a negotiable instrument indorsed in blank is payable to
the bearer thereof even although originally payable to order.

55. If a negotiable instrument, after having been indorsed in
blank, is indorsed in full, the amount of it cannot be claimed from
the indorser in full, except by the person to whom it has been
indorsed in full, or by one who derives title through such person.

56. No writing on a negotiable instrument is valid for the purpose
of negotiation if such writing purports to transfer only a part of
the amount appearing to be due on the instrument ; but where
such amount has been partly paid, a note to that effect may be
indorsed on the instrument, which may then be negotiated for
the balance.

57. The legal representative of a deceased person camiot negotiate
by delivery only a promissory note, bill of exchange, or cheque
payable to order and indorsed by the deceased but not delivered.

58. When a negotiable instrument has been lost, or has been
obtained from any maker, acceptor, or holder thereof by means
of an offence or fraud, or for an unlawful consideration, no possessor
or indorsee who claims through the person who found or so obtained
the instrument is entitled to receive the amount due thereon from
such maker, acceptor, or holder, or from any party prior to such
holder, unless such possessor or indorsee is, or some person through
whom he claims was, a holder thereof in due course.

59. The holder of a negotiable instrument, who has acquired it
after dishonour, whether by non-acceptance or non-payment, with
notice thereof, or after maturity, has only, as against the other
parties, the rights thereon of his transferor :

Provided that any person who, in good faith and for considera-
tion, becomes the holder, after maturity, of a promissory note or
bill of exchange made, drawn, or accepted without consideration,
for the purpose of enabling some party thereto to raise money
thereon, may recover the amount of the note or bill from any prior
party.

Illusteation.

The acceptor of a bill of exchange, when he accepted it, deposited with the
drawer certain goods as a collateral seciu-ity for the payment of the bill, with
power to the drawer to sell the goods and apply the proceeds in discharge of
the bill if it were not paid at maturity. The bill not having been paid at
maturity, the drawer sold the goods and retained the proceeds, but indorsed
the bill to A. A's title is subject to the same objection as the drawer's title.

NEGOTIABLE INSTRUMENTS. 99

60. A negotiable instrument may be negotiated (except by the instrument
maker, drawee, or acceptor after maturity) until payment or satisfac- p^m'e'la or'"
tion thereof by the maker, drawee, or acceptor at or after maturity, »a"^'»ction,
but not after such payment or satisfaction.

Chapter V.

OF PRESENTMENT.

61. (i) A bill of exchange payable after sight must, if no time or Presentment for
place is sjiecified therein for presentment, be presented to the acceptance.
drawee thereof for acceptance, if he can, after reasonable search,
be found, by a person entitled to demand accej)tance, within a
reasonable time after it is draAvn, and in business hours on a busi-
ness day. In default of such presentment, no party thereto is
liable thereon to the person making such default.

(ii) If the drawee cannot, after reasonable search, be found, the
bill is dishonoured.

(iii) If the bill is directed to the drawee at a particular place, it
must be presented at that place ; and if at the due date for pre-
sentment he cannot, after reasonable search, be found there, the
bill is dishonoured.

63. A promissory note, payable at a certain period after sight, presentment of
must be presented to the maker thereof for sight (if he can after promissory note
reasonable search be found) by a person entitled to demand pay-
ment, within a reasonable time after it is made and in business
hours on a business day. In default of such presentment, no party
thereto is liable thereon to the person making such default.

63. The holder must, if so required by the drawee of a bill of Drawee's time
exchange presented to him for acceptance, allow the drawee for deliberation.
twenty -four hours (exclusive of public holidays) to consider whether

he will accept it.

64. Promissory notes, bills of exchange, and cheques must be Presentment for
presented for payment to the maker, acceptor, or drawee thereof P^ynient.
respectively, by or on behalf of the holder as hereinafter provided.

In default of such presentment, the other parties thereto are not
liable thereon to such holder.

Exception. — Where a promissory note is payable on demand and is not ,

payable at a specified place, no presentment is necessary in order to charge
the maker thereof.

65. Presentment for payment must be made during the usual nonrsfor
hours of business, and, if at a banker's, within banking hours. presentment.

66. A promissory note or bill of exchange, made payable at a Presentment
specified period after date or sight thereof, must be presented for lnst™°nt'*'^
payment at maturity. payable after

■^ "^ "^ date or sight.

67. A promissory note payable by instalments must be presented Presentment
for payment on the third day after the date fixed for payment of p°romtiory'note
each instalment ; and non-payment of such presentment has the payable by
same effect as non-payment of a note at maturity.

100

NEGOTIABLE INSTRUMENTS.

Presentment
for payment of
instrument
payable at
specified place
and not
elsewhere.

Instrument
payable at
specified place.

Presentment
where no
exclusive place
specified.

Presentment
when maker,
etc., has no
known place of
business or
residence.

Presentment of
cheque to
charge drawer.

Presentment of
cheque to
charge any
other person.

Presentment of
instrument
payable on
demand.

Presentment by
or to agent
representative
of deceased, or
assignee of
insolvents.

When pre-
sentment
unnecessary.

68. A promissory note, bill of exchange, or cheque made, drawn,
or accepted payable at a specified place and not elsewhere must,
in order to charge any jjarty thereto, be presented for payment
at that place,

69. A promissory note or bill of exchange made, drawn, or
accepted payable at a specified place must, in order to charge the
maker or drawer thereof, be presented for payment at that place.

70. A promissory note or bill of exchange, not made payable as
mentioned in Sections 08 and 69, must be presented for payment
at the place of business (if any), or at the usual residence, of the
maker, drawee, or acceptor thereof, as the case may be.

71. If the maker, drawee, or acceptor of a negotiable instrument
has no known place of business or fixed residence, and no place is
specified in the instrument for presentment for acceptance or
payment, such presentment may be made to him in person wherever
he can be found.

73. A cheque must, in order to charge the drawer, be presented
at the bank upon which it is drawn before the relation between
the drawer and his banker has been altered to the prejudice of the
drawer.

73. A cheque must, in order to charge any person except the
drawer, be presented within a reasonable time after delivery thereof
by such person.

74. Subject to the provisions of Section 31, a negotiable instru-
ment payable on demand must be presented for payment within
a reasonable time after it is received by the holder.

75. Presentment for acceptance or payment may be made to
the duly authorized agent of the drawee, maker, or accej^tor ,as the
case may be, or, where the drawee, maker, or acceptor has died,
to his legal representative, or, where he has been declared an
insolvent, to his assignee.

76. No presentment for payment is necessary, and the instru-
ment is dishonoured at the due date for presentment, in any of
the following cases : —

(a) If the maker, drawee, or acceptor intentionally prevents the
presentment of the instrument ; or,

If the instrument being payable at his place of business, he closes
such place on a business day during the usual business hours ; or.

If the instrument being j^ayable at some other specified place,
neither he nor any person authorized to pay it attends at such
place during the usual business hours ; or.

If the instrument not being payable at any specified place, he
cannot after due search be found ;

(b) As against any party sought to be charged therewith, if he
has engaged to j)ay notwithstanding non-presentment ;

NEGOTIABLE INSTRUMENTS. 101

He makes a part payment on account of the amount tlue on
the instrument,

Or promises to pay the amount due thereon in wliole or in part,

Or otherwise waives his right to take advantage of any default
in presentment for payment ;

(d) As against the drawer, if the drawer could not suffer damage
from the want of such presentment.

77. When a bill of exchange, accepted payable at a specified Liability of
bank, has been duly presented there for payment and dishonoured, Ijoln^ciaiy
if the banker so negligently or improperly keeps, deals with, or 'Jeaiin- with
delivers back such bill as to cause loss to the holder, he must for parent.
compensate the holder for such loss.

Chapter VI.
OF PAYMENT AND INTEREST.

78. Subject to the provisions of Section 82 clause (c) payment Towhompay-
of the amount due on a promissory note, bill of exchange, or cheque made.^*^""'*^ ^^
must, in order to discharge the maker or acceptor, be made to

the holder of the instrument.

79. When interest at a specified rate is expressly made payable interest wiien
on a promissory note or bill of exchange, interest shall be calculated '* ^ ^^^'
at the rate specified on the amount of the principal money due
thereon, from the date of the instrument, until tender or realization

of such amount, or until such date after the institution of a suit
to recover such amount as the court directs.

80. When no rate of interest is specified in the instrument, interest wheu
interest on the amount due thereon shall, except in cases otherwise specified.
provided for by law be calculated at the rate of eight per centum

per annum, from the date at which the same ought to have been paid
by the party charged, until tender or realization of the amount
due thereon, or until such date after the institution of a suit to
recover such amount as the court directs.

Explanation. — Wlien the party charged is the indorser of an instrument
dishonoured by non-payment, he is liable to pay interest only from the time
that he receives notice of the dishonour.

81. Any person Hablc to pay, and called upon by the holder ^^^^[^J^°l^^
thereof to pay , the amount due on a promissory note, bill of exchange, payment or
or cheque is before payment entitled to have it shown, and is on casroi'idss'."
payment entitled to have it delivered up, to him, or, if the instru-
ment is lost or cannot be produced, to be indemnified against any

further claim thereon against him.

102

NEGOTIABLE INSTRUMENTS.

Discharge from
liability—

by cancellation :

by release ;

by payment.

Discharge by
allowing
drawee more
than twenty-
four hours to
accept.

When cheque
not duly pre-
sented and
drawer
damaged
thereby.

Cheque payable
to order.

Parties not
consenting
discharged by
qualified or
limited
acceptance.

Effect of
material altera-
tion.

Chapter VII.

OF DISCHARGE FROM LIABILITY ON NOTES, BILLS,
AND CHEQUES.

82. Tlio maker, acceptor, or indorser, respectively, of a negotiable
instrument is discharged from liability thereon —

(a) To a holder thereof who cancels such acceptor's or indorser's
name with intent to discharge him, and to all parties claiming
under such holder ;

(b) To a holder thereof who otherwise discharges such maker,
acceptor, or indorser, and to all parties deriving title under such
holder after notice of such discharge ;

(c) To all parties thereto, if the instrument is payable to bearer,
or has been indorsed in blank, and such maker, acceptor, or indorser
makes payment in due course of the amount due thereon,

83. If the holder of a bill of exchange allows the drawee more
than twenty-four hours, exclusive of public holidays, to consider
whether he will accept the same, all previous parties not consenting
to such allowance are thereby discharged from liability to such
holder.

84. When the holder of a cheque fails to present it for payment
within a reasonable time, and the drawer thereof sustains loss or
damage from such failure, he is discharged from liability to the
holder.

85. Where a cheque payable to order purports to be indorsed
by or on behalf of the payee, the drawee is discharged by payment
in due course.

86. If the holder of a bill of exchange acquiesces in a qualified
acceptance, or one limited to part of the sum mentioned in the bill,
or which substitutes a different place or time for payment, or
which, where the drawees are not partners, is not signed by all
the drawees, all previous parties whose consent is not obtained to
such acceptance are discharged as against the holder and those
claiming under him, unless on notice given by the holder they
assent to such acceptance.

Explanation. — An acceptance is qualified —

(a) Where it is conditional, declaring the payment to be dependent on
the happening of an event therein stated ;

(b) Where it undertakes the payment of part only of the sum ordered
to be paid ;

(c) Where, no place of payment being specified on the order, it undertakes
the payment at a specified place, and not otherwise or elsewhere ; or where,
a place of payment being specified in the order, it undertakes the payment
at some other place and not otherwise or elsewhere.

(d) Where it undertakes the payment at a time other than that at which
under the order it wovild be legally dvie.

87. (i) Any material alteration of a negotiable instrument renders
the same void as against anyone who is a party thereto at the time
of making such alteration and does not consent thereto, unless it
was made in order to carry out the common intention of the original
parties ;

NEGOTIABLE INSTRUMENTS. 103

(ii) And any such alteration, if made by an indorsee, discharges Alteration by
his indorser from all liability to him in respect of the consideration »"'^^'^^-
thereof.

(iii) The provisions of this section are subject to those of Sections
20, 49, 86, and 125.

88. An acceptor or indorser of a negotiable instrument is bound Acceptor or
by his acceptance or indorsement notwithstanding any previous "ou'Ttl'staiui-''
alteration of the instrument. intr previous

alteration.

89. Where a promissory note, bill of exchange, or cheque has Payment of
been materially altered but does not appear to have been so altered, whidl^Sftera'*-"

Or where a cheque is presented for payment which does not at appa^nt.
the time of presentation appear to be crossed or to have had a
crossing which has been obliterated,

Payment thereof by a person or banker liable to pay, and paying
the same according to, the apparent tenor thereof at the time of
payment and otherwise in due course, shall discharge such person
or banker from all liability thereon ; and such payment shall not
be questioned by reason of the instrument having been altered,
or the cheque crossed.

90. If a bill of exchange which has been negotiated is, at or Extinguish-
after maturity, held by the acceptor in his OAvn right, all rights of ^^actron'^lfn bui
action thereon are extinguished. in acceptor's

" hands.

Chapter VIII.
OF NOTICE OF DISHONOUR.

91. A bill of exchange is said to be dishonoured by non-acceptance Dishonour by
when the drawee, or one of several drawees not being partners, »»oi-acceptance.
makes default in accejjtance upon being duly required to accept

the bill, or where presentment is excused and the bill is not accepted.

Where the drawee is incompetent to contract, or the acceptance
is qualified, the bill may be treated as dishonoured.

92. A promissory note, bill of exchange, or cheque is said to be Dishonour by
dishonoured by non-payment when the maker of the note, acceptor "o^P^y™^" •
of the bill, or drawee of the cheque makes default in payment upon

being duly required to pay the same.

93. When a promissory note, bill of exchange, or cheque is By and to
dishonoured by non-acceptance or non-payment, the holder thereof, shoTd'b'egiven.
or some party thereto who remains liable thereon, must give notice

that the instrument has been so dishonoured to all other
parties whom the holder seeks to make severally liable thereon,
and to some one of several parties whom he seeks to make jointly
liable thereon.

Nothing in this section renders it necessary to give notice to the
maker of the dishonoured promissory note, or the drawee or acceptor
of the dishonoured bill of exchange or cheque.

94. Notice of dishonour may be given to a duly authorized agent Mo;^eJ^^^ijh
of the person to whom it is required to be given, or, where he has "[^en.
died, to his legal representative, or, where he has been declared an

104

NEGOTIABLE INSTRUMENTS.

Party receiving
must transmit
notice of dis-
honour.

Agent for
presentment.

When party to
whom notice
given is dead.

When notice of
dishonour is
unnecessary.

insolvent, to his assignee ; may be oral or written ; may, if written,
be sent by post ; and may be in any form ; but it must inform
the party to whom it is given, citlicr in express terms or by reason-
able intendment, that the instrument has been dishonoured, and
in what way, and that he will be held liable thereon ; and it must
be given within a roas()nal)le time after dishonour, at the plaee of
business or (in case such ])arty has no place of business) at the
residence of the party for whom it is intended.

If the notice is duly directed and sent by post and miscarries,
such miscarriage does not render the notice invalid.

95. Any party receiving notice of dishonour must, in order to
render any prior party liable to himself, give notice of dishonour to
such party within a reasonable time, unless such party otherwise
receives due notice as provided by Section 93.

96. When the instrument is deposited with an agent for present-
ment, the agent is entitled to the same time to give notice to his
princijial as if he were the holder giving notice of dishonour, and
the principal is entitled to a further like period to give notice of
dishonour.

97. When the party to whom notice of dishonour is despatched
is dead, but the party despatching the notice is ignorant of his
death, the notice is sufficient.

98. No notice of dishonour is necessary —

(a) When it is dispensed with by the party entitled thereto ;
(6) In order to charge the drawer Avhen he has countermanded
payment ;

(d) When the party entitled to notice camiot after due search be
found ; or the part}^ bound to give notice is, for any other reason,
unable without any fault of his own to give it ;

(e) To charge the drawers when the acceptor is also a drawer :

(/) In the case of a promissory note which is not negotiable ;

(g) When the party entitled to notice, knowing the facts, promises
unconditionally to pay the amount due on the instrument.

Noting.

Chapter IX.
OF NOTING AND PROTEST.

99. (i) When a j)romissory note or bill of exchange has been
dishonoured by non-acceptance or non-payment, the holder may
cause such dishonour to be noted by a notary public upon the
instrument, or upon a paper attached thereto, or partly upon each.

(ii) Such note must be made within a reasonable time after
dishonour, and must specify the date of dishonour, the reasons, if
any, assigned for such dishonour, or, if the instrument has not
been expressly dishonoured, the reason why the holder treats it
as dishonoured, and the notary's charges.

NEGOTIABLE INSTRUMENTS. 105

100. (i) When a promissory note or bill of exchange has been Protest,
dishonoured by non-acceptance or non-payment, the holder may,
within a reasonable time, cause such dishonour to be noted and
certified by a notary public. Such certificate is called a protest.

(ii) When the acceptor of a bill of exchange has become insolvent, protrst for
or his credit has been publicly imjieached, before the maturity of better securiij.
the bill, the holder may, within a reasonable time, cause a notary
public to demand better security of the acceptor, and on its being
refused may, within a reasonable time, cause such facts to be
noted and certified as aforesaid. Such certificate is called a protest
for better security.

101. A protest under Section 100 must contain — Contents of

(a) Either the instrument itself, or a literal transcript of the
instrument and of everything written or printed thereupon ;

(b) The name of the person for whom and against whom the
instrument has been protested ;

(c) A statement that payment or acceptance, or better security,
as the case may be, has been demanded of such person by the
notary public ; the terms of his ansAver, if any, or a statement that
he gave no answer, or that he could not be found ;

(d) When the note or bill has been dishonoured, the place and
time of dishonour and, when better security has been refused, the
place and time of refusal ;

(e) The subscription of the notary public making the protest ;

(/) In the event of an accej^tance for honour or of a payment
for honour, the name of the person by whom, of the person for
Avhom, and the manner in which such acceptance or payment was
offered and effected,

102. When a promissory note or bill of exchange is required by Notice of
law to be protested, notice of such jDrotest must be given instead of p^°^^^^-
notice of dishonour, in the same manner and subject to the same
conditions ; but the notice may be given by the notary jaublic who
makes the protest.

103. All bills of exchange draAvn payable at some other place protest for non-
than the place mentioned as the residence of the draAvee, and jf^'onour^by"
which are dishonoured by non-accej)tance, may, Avithout further non-acceptance.
presentment to the drawee, be protested for non-payment, in the

place specified for payment, unless paid before or at maturity.

104. Foreign bills of exchange must be protested for dishonour protest of
Avhen such protest is required by the laAv of the place Avhere they foreign biiis.
are draAvn.

Chapter X.
OF REASONABLE TIME.

105. In determining Avhat is a reasonable time for presentment Reasonable
for acceptance or payment, for giving notice of dishonour, and for '™*"
noting, regard shall be had to the nature of the instrument and the

usual course of dealing Avith respect to similar instruments ; and,
in calculating such time, public holidays shall be excluded.

106

NEGOTIABLE INSTRUMENTS.

Beasonable
time of giving
notice of
dishonour.

Eeasonable
time for trans-
mitting such
notice.

106. If the holder and the party to whom notice of dishonour is
given carry on business or live (as the case may be) in different
places, such notice is given within a reasonable time if it is
despatched by the next post or on the day next after the day
of dishonour.

If the said parties carry on business or live in the same place,
such notice is given within a rcasona})le time if it is despatched
in time to reach its destination on the day next after the day of
dishonour.

107. A party receiving notice of dishonour, who seeks to enforce
his right against a prior party, transmits the notice within a
reasonable time if he transmits it within the same time after its
receipt as he would have had to give notice if he had been the
holder.

Acceptance for
honour.

How acceptance
for honour must
be made.

Acceptance not
specifying for
whose honour it
is made.

Liability of
acceptor for
honour.

When acceptor
for honour may
be charged.

Chapter XI.

OF ACCEPTANCE AND PAYMENT FOR HONOUR
AND REFERENCE IN CASE OF NEED.

108. (i) When a bill of exchange has been noted or protested
for non-acceptance or for better security, any person not being a
party already liable thereon may with the consent of the holder,
by writing on the bill, accept the same for the honour of any party
thereto.

(ii) Unless the person who intends to accept supra protest first
declares, in the presence of a notary, that he does it for honour,
and has such declaration duly recorded in the notarial register at
the time, his acceptance shall be a nullity.

109. A person desiring to accept for honour must, in the presence
of a notary public, subscribe the bill with his own hand, and declare
that he accepts under protest the protested bill for the honour of
the drawer or of a particular indorser whom he names, or generally
for honour ; and such declaration must be recorded by the notary
in his register.

110. Where the acceptance does not express for whose honour
it is made, it shall be deemed to be made for the honour of the
drawer.

111. (i) An acceptor for honour binds liimself to all parties
(subsequent to the party for whose honour he accepts) to pay the
amount of the bill if the drawee do not ; and such party and all
prior parties are liable in their respective capacities to compensate
the acceptor for honour for all loss or damage sustained by him in
consequence of such acceptance.

(ii) But an acceptor for honour is not liable to the holder of the
bill unless it is presented, or (in case the address given by such
acceptor on the bill is a place other than the place where the bill
is made payable) forwarded for presentment, not later than the
day next after the day of its maturity.

118. An acceptor for honour cannot be charged unless the bill
has at its maturity been presented to the drawee for payment,

NEGOTIABLE INSTRUMENTS. 107

and has been dishonoured by him, and noted or protested for sueli
dishonour.

113. When a bill of exchange has been noted or protested for Payment for
non-payment, any person may pay the same for the honour of any *""""»'"•
party liable to pay the same, provided that the person so paying

has previously declared before a notary public the party for whose
honour he pays, and that such declaration has been recorded by
such notary public.

114. Any person so paying is entitled to all the rights, in respect nisht of payer
of the bill, of the holder at the time of such payment, and may '°'^'»°°°"'-
recover from the party for whose honour he pays all sums so paid,

with interest thereon and with all expenses properly incurred in
making such payment.

115. Where a drawee in case of need is named in a bill of exchange Drawee in case
or in any indorsement thereon, the bill is not dishonoured until it °^"^e<^-
has been dishonoured by such drawee.

116. A drawee in case of need may accept and pay the bill of Acceptance and

1 -ii j_ • Li. payment with-

exchange Avithout previous protest. out protest.

Chapter XII.
OF COMPENSATION.

117. The compensation payable in case of dishonour of a promis- Kuies as to
sory note, bill of exchange, or cheque, by any party liable to the «^°™pe"s*tion.
holder or any indorsee, shall (except in cases otherwise provided for
by law) be determined by the following rules : —

(a) The holder is entitled to the amount due upon the instrument,
together with the expenses properly incurred in presenting, noting,
and protesting it ;

(&) When the person charged resides at a place different from that
at which the instrument was payable, the holder is entitled to
receive such sum at the current rate of exchange between the two
places ;

(c) An indorser who, being liable, has paid the amount due on the
same is entitled to the amount so paicl with interest at eight per
centum per annum from the date of payment until tender or realiza-
tion thereof, together with all expenses caused by the dishonour and
payment ;

{d) When the person charged and such indorser reside at different
places, the indorser is entitled to receive such sum at the current rate
of exchange between the two places ;

(e) The party entitled to compensation may draw a bill upon the
party liable to compensate him, payable at sight or on demand, for
the amount due to him, together with all expenses properly incurred
by him. Such bill must be accompanied by the instrument
dishonoured, and the protest thereof (if any). If such bill is
dishonoured, the party dishonouring the same is liable to make
compensation thereof in the same manner as in the case of the
original bill.

108

NEGOTIABLE INSTRUMENTS.

Presumptions
as to negotiable
instrnnicnts of
cousidcration ;

as to date ;

as to time of
acceptance ;

as to time of
transfer ;

as to order of
indorsements ;

as to stamp ;

that holder Is a
holder in due
course.

Presumption on
proof of protest.

Estoppel
against denying
original validity
of instrument.

Estoppel
against denying
capacity of
payee to
indorse.

Estoppel
against denying
signature or
capacity of
prior party.

Chapter XIII.
SPECIAL RULES OF EVIDENCE.

118. Until the contrary is proved, the following presumptions
siiall be made : —

(a) That every negotiable instrument was made or drawn for
consideration, and that every such instrument, when it has
been accepted, negotiated, or transferred, was accepted, indorsed,
negotiated, or transferred for consideration ;

(b) That every negotiable instrument bearing a date was made or
drawn on such date ;

(d) That every transfer of a negotiable instrument was made
before its maturity ;

(e) That the indorsements appearing upon a negotiable instru-
ment were made in the order in which they appear thereon ;

(/) That a lost promissory note, bill of exchange, or cheque was
duly stamped ;

(g) That the holder of a negotiable instrument is a holder in due
course : provided that, where the instrument has been obtained
from its lawful owner, or from any person in lawful custody thereof,
by means of an offence or fraud, or has been obtained from the maker
or acceptor thereof by means of an offence or fraud, or for unlawful
consideration, the burthen of proving that the holder is a holder in
due course lies upon him,

119. In a suit upon an instrument which has been dishonoured,
the court shall, on proof of the protest, presume the fact of dishonour
unless and until such fact is disproved.

120. No maker of a promissory note, and no drawer of a bill of
exchange or cheque, and no acceptor of a bill of exchange for the
honour of the drawer shall, in a suit thereon by a holder in due
course, be permitted to deny the validity of the instrument as
originally made or drawn.

121. No maker of a promissory note and no acceptor of a bill of
exchange payable to, or to the order of, a specified person shall, in a
suit thereon by a holder in due course, be permitted to deny the
payee's capacity, at the date of the note or bill, to indorse the same.

122. No indorser of a negotiable instrument shall, in a suit thereon
by a subsequent holder, be permitted to deny the signature or
capacity to contract of any prior party to the instrument.

Cheque crossed
generally.

Chapter XIV.

OF CROSSED CHEQUES.

123. Where a cheque bears across its face an addition of the words
" and company" or any abbreviation thereof, between two parallel
transverse lines, or of two parallel transverse lines, simply, either with
or without the words " not negotiable," that addition shall be

NEGOTIABLE INSTRUMENTS.

109

deemed a crossing, and the cheque shall be deemed to be crossed
generally.

124. Where a cheque bears across its face an addition of the name cheque crossed
of a banker, cither with or without the words " not negotiable/' that «i"^'^'»"J^«
addition shall be deemed a crossing, and the cheque shall be deemed

to be crossed specially, and to be crossed to that banker.

125. Where a cheque is uncrossed, the holder may cross it Crossing after
generally or specially. '^*"°-

Where a cheque is crossed generally, the holder may cross it
specially.

Where a cheque is crossed generally or specially, the holder may
add the words " not negotiable."

Where a cheque is crossed specially, the banker to whom it is
crossed may again cross it specially to another banker, his agent, for
collection.

126. Where a cheque is crossed generally, the banker on whom it Payment of
is drawn shall not pay it otherwise than to a banker. genewiiy?^*'^

Where a cheque is crossed specially, the banker on whom it is Payment of
drawn shall not pay it otherwise than to the banker to whom it speci^n""^
is crossed, or his agent, for collection.

127. Where a cheque is crossed specially to more than one Payment of
banker, except when crossed to an agent for the purpose of collection, specun""^'^
the banker on whom it is drawn shall refuse payment thereof.

more
than once.

128. Where the banker on whom a crossed cheque is drawn has Payment in due
paid the same in due course, the banker paying the cheque, and cheque""^*^
(in case such cheque has come to the hands of the payee) the

drawer thereof, shall, respectively, be entitled to the same rights, and
be placed in the same position in all respects, as they would respec-
tively be entitled to and placed in if the amount of the cheque had
been paid to and received by the true owner thereof.

129. Any banker paying a cheque crossed generally otherwise Payment of
than to a banker, or a cheque crossed specially otherwise than to the ouTof duo *'
banker to whom the same is crossed, or his agent for collection, being courue.

a banker, shall be liable to the true owner of the cheque for any loss
he may sustain owing to the cheque having been so paid.

130. A person taking a cheque crossed generally or specially, J^'jfot'nc'eotii-"
bearing in either case the words " not negotiable," shall not have, bie.-

and shall not be capable of giving, a better title to the cheque than
that which the person from whom he took it had.

Non-liability of
banker rei-eiv-

131. A banker who has in good faith and without negligence
received payment for a customer ol a cheque crossed generally or ing payment of
specially to himself shall not, in case the title to the cheque proves '^''^'^^^
defective, incur any liabihty to the true owner of the cheque by
reason only of having received such payment.

110

NEGOTIABLE INSTRUMENTS.

Set of bills.

Holder of first
acquired part
entitled to all.

Chapter XV,
OF BILLS IN SETS.

132. Bills of exchange may be drawn in parts, each part being
nunib(!rc(l and containing a provision that it shall continue payable
only so long as the others remain nnpaid. All the parts together
make a set ; but the whole set constitutes only one l)ill, and is
extinguished when one of the parts, if a separate bill, would be
extinguished.

Exception. — When a person accepts or indorses different parts of the
bill in favour of different persons, he and the subsequent indorsers of each
part are liable on such part as if it were a separate bill.

133. As between holders in due course of different parts of the
same set, he who first acquired title to his part is entitled to the other
parts and the money represented by the bill.

Law governing
liability of
maker, aoceptor
or indorser of
foreign instru-
ment.

Chapter XVI.

OF INTERNATIONAL LAW.

134. In the absence of a contract to the contrary, the liability of
the maker or drawer of a foreign promissory note, bill of exchange,
or cheque is regulated in all essential matters by the law of the place
where he made the instrument, and the respective liabilities of the
acceptor and indorser by the law of the place where the instrument
is made payable.

Illustration.

A bill of exchange was drawn by A in California, where the rate of interest
is 25 per cent., and accepted by B, payable in Washington, where the rate of
interest is 6 per cent. The bill is indorsed in the Federated Malay States, and
is dishonoured. An action on the bill is brought against B in the Federated
Malay States. He is liable to pay interest at the rate of 6 per cent, only ;
but if A is charged as drawer A is liable to pay interest at the rate of 25 per
cent.

Law of place of 135. Where a promissory note, bill of exchange, or cheque is made
governs dis- payable in a different place from that in which it is made or indorsed,
honour. the law of tlic place where it is made payable determines what

constitutes dishonour and what notice of dishonour is sufficient.

Illustration.

A bill of exchange drawn and indorsed in the Federated Malay States, but
accepted payable in France, is dishonoiu-ed. The indorsee causes it to be
protested for such dishonour, and gives notice thereof in accordance with the
law of France, though not in accordance with the rules herein contained in
respect of bills which are not foreign. The notice is sufficient.

Instrument
made, etc., out
of Federated
Malay States,
but in accord-
ance with its
law.

136. If a negotiable instrument is made, drawn, accepted, or
indorsed out of the Federated Malay States, but in accordance with
the law of the Federated Malay States, the circumstance that any
agreement evidenced by such instrument is invalid according to the
law of the country wherein it was entered into does not invalidate
any subsequence acceptance or indorsement made thereon in the
Federated Malay States.

NEGOTIABLE INSTRUMENTS. Ill

137. The law of any foreign country regarding promissory notes, Presumption as
bills of exchange, and cheques shall be presumed to be the same as '» foreign law.
that of the Federated Malay States, unless and until the contrary

is proved.

Chapter XVII.
OF NOTARIES PUBLIC.

138. (i) Any person entitled by law to practise as a notary public rrovisions
in the Colony, may also practise as such notary public in the State. pubuc°.°*""*

(ii) Any such person may charge in the State fees similar to those
which he is entitled by law to charge in the Colony.

(iii) In addition to such notaries public as aforesaid the Resident
may, by notification in the Gazette, appoint persons, either by name
or office, to be notaries public in the State for the purposes of this
Enactment, and may in like manner remove any such persons from
office whenever he may think fit.

(iv) The Resident, with the approval of the Resident-General,
may, by notification in the Gazette, fix the fees which may be charged
by notaries public appointed under sub-section (iii) and may in like
manner from time to time cancel, alter, or add to the same.

(v) Until fees have been fixed under sub-section (iv) notaries
public appointed under sub-section (iii) shall be entitled to charge
the same fees as those for the time being lawfully charged by notaries
public in the Colony.

(vi) Any person appointed a notary pubUc under sub-section (iii)
who is an officer in the service of the State, shall pay into the
Treasury for the benefit of the general revenue all fees received by
him.

SMALL OFFENCES.

Short title
and com-
mencement.

Repeal.

Ferak.
E. 11 of 1898

29.8.1898
6.9.1898

Sclangor.
E. 17 of 1898
12.11.1898
25.11.1898

Negri Sembilan.
E. 18 of 1898
22.12.1898
6.1.1899

Pahang.
E. 13 of 1898
10.10.1898
21.12.1898

All repealed by the Minor Offences Enactment, 1920, except Sections 1, 39,

40, 41, and 42.

An Enactment to provide for tlie Punisliment of certain
Small Offences and for other purposes.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as the "Small Offences
Enactment, 1898," and shall come into force upon the publication
thereof in the Gazette.

(ii) Upon the commencement of this Enactment, the enactments
specified in the schedule shall be repealed to the extent mentioned
in the third column of such schedule.^

Order for
maintenance of
wives and
children.

lUegitimato
children.

Warrant on
neglect to pay.

MAINTENANCE OF WIVES AND CHILDREN.

39. (i) If any person neglects or refuses to maintain his wife or
legitimate child unable to maintain itself, it shall be lawful for a
magistrate upon due proof thereof, to order such person to make a
monthly allowance for the maintenance of his wife or such child as
aforesaid, in proportion to the means of such person, as to the
magistrate shall seem reasonable.

(ii) If any person neglects or refuses to maintain his illegitimate
child unable to maintain itself, it shall be lawful for a magistrate, on
due proof thereof, to order such person to ma.ke such monthly allow-
ance, not exceeding ten dollars, as may seem reasonable. Such
allowance shall be payable from the date of the order.

40. (i) If such person shall wilfully neglect to comply with any
such order, the magistrate may, for every breach of the order, by
warrant, direct the amount due to be levied in the manner by law
provided for levying fines imposed by magistrates, or may sentence
him to imprisonment of either description for a term not exceeding
one month for each month's allowance remaining unpaid.

Provided that if any person against whom an order has been made
for the maintenance of his wife offers to maintain his wife on con-

1 Omitted in Pahang.
112

SMALL OFFENCES. Il3

dition of her living with him, and his wifo shall refuse to live \\ith
him, it shall he lawful to consider any grounds of refusal stated hy
such wife, and the magistrate may make the order aforesaid notwith-
standing such offer, if he be satisfied that such person is living in
adultery, or that he has habitually treated his wife with cruelty.

(ii) No wife shall bo entitled to receive an allowance from her wife not en.
husband under this chapter, if she is living in adultery, or if without f'*'':'^ when Uv-

r^ • , , r ,1. ^1, .y, ., '"S in adultery.

any suthcient reason, she refuses to live with her husband, or if they
are living separately by consent.

41. On the application of any person receiving, or ordered to Application for
pay, a monthly allowance under the provisions of section 40, and on paymenTs."'
proof of a change in the circumstances of such person, his wife, or

child, the magistrate may make such alteration in the allowance
ordered as he may think fit.

42. A copy of the order of maintenance shall be given to the order enforce-
person for whose maintenance it is made, or to the guardian of such d'/,t*ri "t *"^
person, and payment shall be enforced by any magistrate in any

district where the person to whom the order is addressed may be
found, on production of the copy of the order, and on the magistrate
being satisfied as to the identity of the parties and the non-payment
of the sum claimed.

1-8

STATUTORY DECLARATIONS.

Perak.

Selangor.

Ncf^ri Scinbilaii.

Paliang.

E. 1 of 1899

E. 4 of 1 899

E. 1 of 1899

E. 6 of 1899

G. 3. 1899

11.4.1899

22.2.1899

7.2.1899

10.3.1899

24.4.1899

17.3.1899

1.4.1899

Preamble.

An Enactment to provide for the making of Statutory
Declarations.

Whereas it may be necessary and proper in many cases to require
declarations in confirmation of written instruments or allegations, or
proof of debts, or of the execution of deeds, or for other purposes :

It is hereby enacted by His Highness the Sultan in Council, as
follows : —

1. This Enactment may be cited as the " Statutory Declarations
Enactment, 1899," and shall come into force on the publication
thereof in the Gazette.

2. It shall be lawful for any magistrate to take and receive the
declaration of any person voluntarily making the same before him in
the form in the schedule.

Application of 3. Declarations made by virtue of the provisions of this Enact-

"oo'^oTuie*'' ^"' ment shall be deemed to be such declarations as are referred to in
Penal Code. Scctious 199 and 200 of the Penal Code.

Short title
and com-
mencement.

Magistrate
may take and
receive declara-
tions.

Schedule.

I (A. B.) do solemnly and sincerely declare that
and I make this solemn declaration conscientiously believing the
same to be true, and by virtue of the provisions of the " Statutory
Declarations Enactment, 1899."

Subscribed and solemnly declared
by the above-named

at
in the State of
this day of

18 .

Before me

Magistrate .

114

SECRETARY FOR CHINESE AFFAIRS.

Terak.

Selangor.

Negri Sembilan.

Pahang.

E. 7 of 1899

E. 8 of 1899

E. 13 of 1899

E. 19 of 1899

8.7.1899

24.6.1899

30.8.1899

28.9.1899

21.7.1899

11.8.1899

15.9.1899

1.12.1899

as amended by

E. 9 of 1901

E. 13 of 1901

E. 17 of 1901

E. 10 of 1901

and by Fed. E. 11 of 1910 and 21 of 1914.

An Enactment to confer certain powers on the Secre-
tary for Chinese Affairs for the Federated Malay
States in respect of summoning, examining, and
arbitrating between persons of Chinese nationahty
and appearing in Court on behalf of such persons,
and to make provision for dealing with certain other
Chinese affairs.

commence-
ment.

Power for
Secretary
to summon
person for
examination
under certain
circunistancef!.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as the "Secretary for Chinese siiort title and
Affairs Enactment, 1899," and shall come into force upon publica-
tion in the Gazette.

2. (i) The Resident-General or Resident may at any time direct
the Secretary for Chinese Affairs for the Federated Malay States
(hereinafter called " the Secretary ") to enquire and report as to
any public matter relating to persons of Chinese nationality.

(ii) When both the parties to any complaint or petition addressed
to the Secretary are of Chinese nationality, the Secretary may
make enquiry into the matter and may make such order as may
be necessary to secure substantial justice being done.

(iii) It shall be lawful for the Secretary to summon in writing
under his hand and seal any person of Chinese nationality who
appears to him to be able to give information regarding any matter
into which the Secretary is, for the general purposes of Government,
directed by the Resident-General or Resident to enquire, or into
which the Secretary on complaint makes enquiry for the protection
and welfare of persons of Chinese nationality, reciting in the
summons the subject of the enquiry.

3. Every person so summoned shall be legally bound to attend
at the time and jDlace specified in such summons and to answer
truthfully all questions which tlie Secretary may put to him relating

115

Person
summoned
bound to attend
and answer, etc.

116

SECRETARY FOR CHINESE AFFAIRS.

Warrant may
be issued for
arrest of person
falling to
attend.

Indemnity to
person
answering
truthfully.

Secretary
may appear in
court in certain
cases.

Courts may
refer certain
matters to arbi-
tration or for
enquiry to tlie
Secretary.

to the matter under enquiry, and to produce, if required by him,
any books, documents, or other written matter pertinent to the
enquiry, and the Secretary shall for the purposes of this Enact-
ment be deemed to be a public servant within the meaning of the
Penal Code, and may, in his discretion, administer affirmations or
oaths to and examine on affirmation or oath any person summoned
before him for the purposes of this Enactment, and the words
"judicial proceeding" in Sections 193 and 228 of the Penal Code
shall be held to include any proceedings before the Secretary under
this Enactment.

4. (i) If any person so summoned omits to attend at the time
and place so specified, it shall be lawful for the Secretary to issue
his warrant for the arrest of such person, and such warrant shall
be executed by the Chief Police Officer or any other police officer
of the State, in the same manner as if it had been issued by a
magistrate, and every person so arrested shall be taken without
delay before a magistrate and shall be charged with having com-
mitted an offence punishable under Section 174 of the Penal Code.

(ii) If any person against whom a warrant has been so issued
absconds or conceals himself so that such warrant cannot be
executed, he may on application by the Secretary be proclaimed
and his property be attached by any court in the State in the
same manner as that provided in simOar cases by the criminal
law in force in the State for the time being.

5. On any person of Chinese nationality making a full and true
disclosure as to any matter in respect of which the Secretary has
been directed by the Resident-General or Resident to examine
him, it shall be lawful for the Secretary, with the approval of the
Resident-General or Resident, to issue a certificate under his hand
and seal countersigned by the Resident-General or Resident to
such person stating that a full and true disclosure as aforesaid has
been made by him, and, on the production and proof of such
certificate, all proceedings in any court against such person in
respect of any such matter as aforesaid shall be stayed.

6. (i) In any criminal prosecution arising under any Enactment,
the execution of which is entrusted by law to the Secretary, and in
any other criminal prosecution, if either prosecutor or prisoner or
both are of Chinese nationality, it shall be lawful for the Secretary,
when requested by the Chief Police Officer, to prosecute, and the
Secretary shall thereupon so far as regards such prosecution be
vested with all the powers, rights, privileges, and obligations of a
public prosecutor.

(ii) In any civil suit or proceeding, in which any person concerned
is of Chinese nationality, it shall be lawful for the Secretary, with
the consent of the court, to appear on behalf of such person.

1. In any cause or matter (not being a criminal -proceeding by the
Public Prosecutor or a non-comj)oundable offence) between persons
of Chinese nationality where accounts that require prolonged
examination, of Chinese customs or Chinese affairs demanding
special knowledge are concerned, it shall be lawful for the presiding

SECRETARY FOR CHINESE AFFAIRS. 117

officer of the court to refer any such cause or matter, or any issue
arising out of such, to the Secretary for enquiry or for arbitration.

8. The order of reference to arbitration or enquiry shall be in i onus of
the form A (i) or A (ii), as the case may be, in the schedule ; the arbitratroi°or
award or report of the Secretary shall be in the form B (i) or B (ii), for enquiry.
as the case may be, in the schedule, and shall be in writing.

9. All awards made by the Secretary under section 7 shall be issue of i.rocess.
enforced by the court making the reference in the same manner as

a judgment of the court, and all necessary processes shall be served
by the court on his behalf, but no fees shall be charged by a court
for any order of reference to arbitration, or b}' the Secretary for
the arbitration or enquiry.

10. One or more Chinese assessors may be appointed at the Appointment of
discretion of the Secretary, and any such assessor shall affix his ^^'^^sors.
signature to the award or, in case of disagreement, to a se])arate

report.

11. In any pending judicial proceeding (not being a criminal Mutual agrec-
proceeding by the Public Prosecutor or a prosecution for a non- arbHr^iof/*^'^ *°
compoundable offence) the parties, where either or both is or are 'jRforethe

of Chinese nationality, may, by mutual consent, refer the matter of "^"^^ ^^"
dispute to the Secretary, and shall thereupon sign and execute an
agreement to refer to arbitration in the form provided in form C
in the schedule. The provisions of Sections 9 and 10 hereof shall
apply to arbitrations and awards under this section.

12. No arbitration award shall be liable to be set aside except Arbitration
on the ground of fraud, mistake, or bad faith, or some matter of "^^'^'^ ^"*'-
substance on the merits. Such grounds shall first be shown by

the complaining party ex parte and the other party shall not be
required to answer until nor except as to such matters as to which
the Judicial Commissioner shall have made an order for him to
show cause why the award should not be set aside. In default of
the other party then showing good cause the order shall become
absolute.

13. The Secretary may, at any stage of the proceedings before Power to state
himself, state a special case for the decision of the Judicial faw!'^ ^^^°
Commissioner.

14. (i) In the event of any dispute arising as to the maintenance. Power to
custody, or guardianship of any woman or child, it shall be lawful decWe^qu^tions
for the Secretary, where both the parties complaining are of Chinese m certain cases
nationality, to hear and decide such dispute and to make such order (i) custody
respecting the maintenance, custody, or guardianship of such woman ship of women
or child as may appear to him best for the interest of such woman and children ;
or child, and to enforce compliance therewith either by prosecution

for contempt under Chapter X of the Penal Code or by removing
either of the parties to a place of safety estabhshed under any law
in force for the time being for the protection of v/omen and girls
until arrangements are made for the order being complied with or
the interests of such party are otherwise duly provided for.

(ii) In cases of marriage contracted Avith due formahties (ii) Divorce
according to Chinese law and custom in which both of the parties ""*^ separation ;

118

SECRETARY FOR CHINESE AFFAIRS.

(iii) Ailo|i(i(iii
a'ld betrothal

(iv) Charities
and trusts ;

(v) Otlier
matters ;

(vl) Quiding
principles.

Jurisdiction of
courts.

Jurisdiction
ousted.

Wife leaving
control of
husband.

arc of Chinese nationality, it shall be lawful for the Secretary, on
application of the inisband or the wife for a separation or divorce,
to hear and decide such application and to make such order for
granting or refusing a separation or divorce as shall appear to him
right and to enforce compliance therewith as hereinbefore provided.

(iii) In the event of any dispute arising as to any agreement for
domestic service or as to adoption or betrothal imide and duly
carried out according to Chinese law and custom in which l)oth of
the parties are of Chinese nationality, it shall be lawful for the
Secretary to hear and decide sucii dispute and to make such order
resjiecting the issuer as appears to him best and to enforce compliance
therewith as hereinbefore provided.

(iv) In the event of any dispute arising between persons of
Chinese nationality as to any gifts, bequests, or trusts relating to
the property of, or as to any matter connected with the management
or government of, any public or private temple or other religious
institution, prefectural or district clubs, trade guilds, clan and
surname societies, provident associations, medical or educational
institutes, or private or public burial grounds, it shall be lawful for
the Secretary to hear and decide such disjiute and to make such
order respecting the matter in issue as will, having regard to all
the circumstances, do substantial justice, and to enforce compliance
therewith as hereinbefore provided.

(v) The Resident-General may, at any time by notification in
the Gazette, direct that any particular class of disputes, other than
those hereinbefore mentioned, relating exclusively to Chinese
institutions, customs, or laws, as described in such notification,
may be heard and decided by the Secretary, provided all parties
concerned are persons of Chinese nationality, and the Resident-
General may in like manner at any time revoke any such direction.

(vi) The Secretary in deciding and settling any case arising under
the provisions of this section shall, as far as local circumstances
and justice and equity allow, pay regard to the known laws and
customs of the Chinese, and may, if he thinks fit, require one or
more Chinese assessors to assist him in disposing of such cases.

(vii) Nothing in this section contained shall limit or affect the
jurisdiction of the presiding officer of any court in any case not
already taken cognisance of by the Secretary ; and nothing in this
section contained shall confer jurisdiction on the Secretary in any
matter in which the parties (or either of them) have already had
recourse to a court.

(viii) In any case in which the Secretary can prove, to the satis-
faction of the court before which is pending any dispute which under
this section the Secretary is empowered to decide, that he has
already commenced to entertain such dispute under this section
prior to the parties (or either of them) resorting to the court, the
court shall in such case, if the parties so desire, stop proceedings
and allow the Secretary to decide the matter,

15. (i) In the event of any woman of Chinese nationality who is
lawfully married either as ts'ai, or principal wife, or as tsip, or
secondary wife, to a person of Chinese nationality, leaving the

SECRETARY FOR CHINESE AFFAIRS. 119

protection and control of her husband, it shall be; lawful for the
Secretary to summon such woman to apjiear before him, at a certain
time and place, and such woman shall thereupon be legally bound
to appear accordingly, and to answer truthfully all such questions
as the Secretary may think fit to ask her as to her marriage and
her treatment by her husband, and as to the grounds for her leaving
him, and as to the character and position of the person, if any,
under whose care she has placed herself, and as to her occupation
and mode of life.

(ii) If, after enquiry, the Secretary is satisfied that such woman
has been ill-treated by her husband, or had other just or reasonable
grounds for leaving his protection and control, and that she is not
in any way under the protection or control of persons of immoral
character, and is not living an immoral life, such woman sliall be
discharged ; but otherwise the Secretary may, by warrant under
his hand and seal, order such woman to be removed to a place of
safety established under any law for the protection of women and
children for the time being in force in the State, and may further
order her to be there detained until she elects to return to the care
of her husband or lawful and proper guardian, whether in the State .
or elsewhere, or until other proper provision can be made by the
Secretary or by her husband or relatives for the protection of her
interests and welfare.

16. (i) In the event of any w^oman of Chinese nationality leaving woman leaving
the protection of her lawful guardian, it shall be lawful for the guarcUai"!
Secretary to summon such woma,n to appear before him, at a

certain time and place, and such woman shall thereupon be legally
bound to appear accordingly, and to answer truthfully all such
questions as the Secretary may think fit to ask her, as to her reasons
for leaving her lawful guardian, and as to the character and position
of the person, if any, under whose protection she has placed herself,
and as to her occupation and mode of life.

(ii) If, after enquiry, the Secretary is satisfied that such woman
had just or reasonable grounds for leaving her lawful guardian and
that she is not in any w^ay under the protection or control of persons
of immoral character, and is not leading an immoral life, such
woman shall be discharged ; but otherwise the Secretary may, by
warrant under his hand and seal, order such woman to be removed
to a place of safety established under any law for the protection
of women and children for the time being in force in the State, and
may further order her to be there detained until she elects to return
to the protection of her la^\'fLd guardian, whether in the State or
elsewdicre, or until other proper provision can be made by the
Secretary or by her family or other lawful guardians for the
protection of her interests and welfare.

17. In any case of intestacy among persons of Chinese nationality, p^reiumnary^^^
if the court is in doubt as to who the next of kin is or AAhenever ^f inteita-y by
the next of kin or a majority of them shall so desire, and in am' '^^^^^^
case where no next of kin, creditor, or other person appears and km^m certain
claims letters of administration, the presiding officer of the court '''***-='•

may empower the Secretary to enquire what person appears best
entitled to letters of administration of the estate and effects of the

120

SECRETARY FOR CHINESE AFFAIRS.

Secretary
to furnish
translation of
Chinese ducu-
inent« to court
in certain
cases.

Translations for
other persons.

Secretary may
issue notices to
Chinese in cer-
tain cases.

Chinese
Student
Interpreters,

The Resident
may direct the
Secretary to
establish
Chinese Advi-
sory Boards.

The Resident
may direct the
Secretary to
establish
societies
to detect and
suppress kid-
nappint; and
other offences
against women
and children.

deceased, and llicivu])<)ii ihc 8ecrctary shall make due enquiry
and examination and forward his finding with reasons for it, in the
form T> in the schedule, to the ])residing oflicer of the court, who
will then grant letters of administration of such estate and effects
to such person as he thinks fit.

18. (i) It shall be lawful for the presiding officer of any court to
refer to the Secretary for translation or for verification and correction
any Chinese documents M'hich may be relevant in any case that in
his opinion is of special importance or which require exceptional
accuracy of translation, and the (Secretary shall thereupon bo
bound to furnish the court with such translation, or verification
and correction of translation, as the case may be, and return it to
the court with his certificate in the form E (i) in the schedule.

(ii) It shall be la\\'ful for any person to forward documents to
the Secretary for translation at his discretion from Chinese into
English or from English into Chinese, and the Secretary is authorized
to charge according to the scale of stamp fees laid down in the
form E (ii) in the schedule for such translations. For translations
made for officers of the Government engaged on official duty no
fees shall be charged, but if required in a private civil proceeding
translations shall be paid for by the party who puts the document
in evidence and the Secretary may demand and shall be paid the
fees hereinbefore authorized before supplying the translation.

19. It shall be lawful for the Secretary at any time and in any
place to issue and publish for the information of persons of Chinese
nationality official notices in Chinese writing in Chinese form upon
any subject which the Secretary is instructed by the Resident-
General or Resident to deal \vith, or about any matter of which he
considers it necessary to give public notice for the knowledge,
protection, and welfare of persons of Chinese nationality.

20. It shall be lawful for the Secretary, mth the consent and
approval of the Resident-General, to engage Chinese to serve as
Chinese Student Interpreters in any of the Federated Malay States,
for such period of time and on such terms and conditions as may
hereafter be fixed by the Resident-General.

21. It shall be lawful for the Resident to direct the Secretary
to establish in any district a Chinese Advisory Board, called in
Chinese, a Hua Jin Chham Su Kek, to assist the Government in
discussing any legislation affecting the general interests of the
Chinese community, any scheme for giving help to the poor or sick,
or for promoting education or for other charitable purposes, any
proposal for raising subscriptions for public purposes, and any other
matter or measure specially affecting the interests of all, or any
particular section of, the Chinese community, or any other public
matter referred by the Resident to the Board.

22. It shall be lawful for the Resident to direct the Secretary
to establish in any district a society, called in Chinese a Po Leung
Kuk, to render assistance to the Government in detecting and
suppressing the crime of kidnapping and kindred offences against
women and children, and for rescuing, restoring, and maintaining
such kidnapped persons.

SECEETARY FOR CHINESE AFFAIRS. 121

23. It sliall be lawful for thi> Secrotary to exercise a censorship xto Secretary
and control over all Chinese i>erforinances and publications, printed *''*" ««'■''''« »

. , • ■ r 1 A , ., ^ ' censorstiiii over

written, spectacular, mimic, or ot Avhatsoever nature the same may ''I'lnesepui-ii-
be. He shall order the discontinuance thereof and shall destroy all perWali'ces.
material jiarts thereof or accessories thereto, if in his judgment and
discretion they are seditious, immoral, improper, or likely to lead
to a breach of the peace. Nothing herein contained shall relieve
any person from any other liability in r(>spect of such performances
or publicuitions. Any ])erson refusing to discontinue any perform-
ance or publication, when so ordered by the Secretary, shall be
liable, on conviction, to fine which may amount to five hundred
dollars.

24, 25. * * * * * Repealed by

26. (i) It shall be lawful for the Resident to direct the Secretary 'J'lie sc-retary
to cause a register to be kept for entering the names of such persons amf "rTiit"^'^
of Chinese nationality as desire to be recognized as recruiters of certincatcs of
Chinese immigrants. Such register shall be in the form G and shall recruiternf "
state the name and occupation of the recruiter, his residence in the grants"'"""'
State and in China, the name of his emjiloj'er, if any, and such other
particulars as the Secretary may think fit to record.

(ii) On any person of Chinese nationality applying to be so
registered, the Secretary may require such person to furnish him
with two copies of his photograph, together with a letter of authoriza-
tion or reference from an employer or other person of standing to
whom the applicant is knoAvn. On such photograph and letter being
furnished the Secretary shall issue to such applicant a certificate
of registration in the form H hereto. Such certificate of registration
shall be in force for twelve months and may be then renewed by the
holder at the discretion of the Secretary. The Secretary may for
reasonable cause at any time cancel any certificate of registration.

(iii) One copy of the said photograph furnished shall be attached
to the register and one copy to the certificate of registration, and both
copies shall in every instance be initialled and dated by the Secretary.

(iv) A stamp fee of twenty-five cents shall be charged by the
Secretary for the issue of a certificate of registration.

27. (i) It shall be lawful for the Resident to direct the Secretary power to
to cause a register of all Chinese passenger lodging-houses (commonly f^^l^^"l,l°
called Hak-chan) to be kept in any district. Such register shall be control Chinese
in the form I, and shall state the situation of the lodging-house, the fnTiiouses.*"^^
names of the owner and of the occupier of the premises, the name of

the keeper of the lodging-house, and the names of the persons
employed by him in the management of such lodging-house.

(ii) In any district in which the Resident directs a register of
Chinese passenger lodging-houses to be kept, it shall be la\A^ul for
the Secretary to issue licenses to their keepers in the form J for the
period of one year or a less period in months. No such license shall
be issued unless the Secretarj^ is satisfied that the applicant for such
license is a fit and proper person, and that the building it is proposed
to license as a lodging-house is suitable for that purpose. And the
Secretary may for reasonable cause cancel any license issued under
this section.

122

SECRETARY FOR CHINESE AFFAIRS.

Repealed by
Fed. E. 11 6f
1910.

The Eesldent
may direct the
Secretary to
enquire and
report on the
working of the
revenue farms
of the State.

E. of laoi.

Judicial Com-
missioner may
call for any
records and
make such
orders as may
be necessary.

(iii) h\)V tivory license a stamp fee of i\\ elve dollars for one year or
a sum proportionally loss for any less period shall be charged by the
Secretary.

(iv) Whoever opens or keeps a Chinese passenger lodging-house
without a license from the Secretary in any district where the
Resident directs a register of Chinese^ passenger lodging-houses to be
kept, or whoever being the owner or occupier of any ])remises permits
a Chinese passenger lodging-house to be opened therein, shall be
guilty of an offence, and shall be liable on conviction before a court
of a first class magistrate to a fine of two hundred dollars.

(v) For the purpose of this section, the owner of a house kept or
used as a Chinese passenger lodging-house shall be deemed to be the
keeper thereof unless a license has been granted to any other person.

(vi) Every Chinese passenger lodging-house shall be deemed to be
a public place.

QQ ^ :): 4: 4: *

29. The Resident may at any time direct the Secretary to make
enquiry and report as to the management, control, or working of any
of the State Farms ; and on such direction being given by the Resident
it shall be lawful for the Secretary to call on any of the holders of the
State Farms to furnish him with such information as may be required,
and to order any of them or their agents to produce for his inspection
or transcription, any sub-farm contracts commonly called Yi-Ma-Ho])-
Thung, any account books, commonly called Siau-Pho, any ledgers,
commonly called Tsong-Pho, any cash books, commonly called Chin-
Chi-Pho, any day books, commonly called Jit-Chheng-Pho, or other
financial documents, commonly called Tan Kil, used in the ordinary
business of the Farm that may be pertinent to the enquiry and necessary
to examine ; and thereupon any holder of any such State Farm and his
agent or agents shall be legally bound to state the truth to the Secretary,
and to produce any such books or documents for inspection or transcrip-
tion as directed by him : provided always that no holder of any such
Farm shall be required under this section to produce any of his banking
accounts or those of any partfier of his, commonly called Gun-hang-lai-
ong-siau, or any statement of shares, commonly called Ko-hun-tan, or
any private statement of the profits or losses of such holder or of his
partner or partners in the Farm during the whole or any part of its
continuance, unless such books or accounts also contain information
not otherwise produced to the reasonable satisfaction of the Secretary,
relating to the general working of the Farm, to the periodical statements
of the profits or losses of the public business of the Farm, or to any other
matter pertifietit to the enquiry.

30. (i) The Judicial Commissioner may of his own motion or
on the application of any party aggrieved call for and examine the
records of any proceedings held before the Secretary under the provi-
sions of this Enactment, except proceedings held by direction under
section 2 (i) hereof, and may give such orders thereon either by
directing a new trial or enquiry or otherwise as may seem to be
necessary to secure substantial justice being done.

SECRETARY FOR CHINESE AFFAIRS. 123

(ii) Any person aggrieved by any order or finding of the Secretary
may appeal to the Senior Magistrate.

(iii) Any person aggrieved by the decision of the Senior Magis-
trate given on such appeal may appeal to the Judicial Com-
missioner,

(iv) Every appeal under sub-sections (ii) or (iii) shall be
brought within 30 days from the date of the order, finding, or
decision appealed against .

(v) Nothing in this section shall affect the provisions of Section 12.

31. Whenever it appears to the Resident expedient or necessary The Resident
that the Secretarv should afford counsel or assistance to any institu- "illi '" "^^J"

. - -, ," •■•11 <• /-V.1 . . "^ ,. , cases, make the

tion founded and mamtanied by persons oi Chmese nationality for secretary ex-
educational, charitable, religious, medical, provident, or other of certai ""^'""^"^"^
philanthropic purposes, it shall be lawful for the Resident, with the t^'^g^'^ institu-
approval of the Resident-General, after consultation with the gov-
erning body of any such institution, by notification in the Gazette, to
appoint the Secretary as one of the governing body of such institu-
tion, and the Secretary shall thereupon become ex-officio a member
of the governing body of such institution and be vested with the
same powers, rights, and privileges as are possessed, exercised, and
enjoyed by an ordinary member of the governing body of any such
institution.

31a. (i) The Secretary may, so often as he thinks fit, visit and sanitation of
inspect any school or other building or place wherein the education ^ernS^j^j.
or instruction of children or other persons is carried on in the Chinese schools.
language for the purpose of ascertaining zvhether such school, building, £.21 of lyn.
or place is in a sanitary condition and may, with the express concurrence
of any duly qualified Medical Practitioner in the service of the Govern-
ment, give to any person having control of such school, building, or
place such orders as he may think expedient for ensuring the taking
therein of proper measures in respect of lighting, ventilation, white-
washing, and drainage, the provision of sanitary appliances, and the
prevention of overcrowding .

(ii) Every order given under the provisions of sub-section (i) shall,
in addition to being served in the manner prescribed by Section 36,
be notified by affixing a copy thereof in some conspicuous place on the
school, building, or place to which the same relates, and every such
order whereby anything is directed to be done shall state the time within
which the same is required to be complied ivith.

(iii) // any order given under the provisions of sub-section (i) be
not duly complied with, the Secretary may by an order to be fixed in
some conspicuous place on the school, building, or place to which the
same relates prohibit the use of such school, building, or place for
purposes of education or instruction. Any such order may be at any
lime revoked by the Secretary.

(iv) Any person ivho shall use any school, building, or place for
purposes of education or instmction in contravention of an order
m.ade and notified under the provisions of sub-section (iii) and every
person having the control of or being in charge of any school, building,
or place wherein such order as aforesaid is so contravened shall be
liable to a fine not exceeding two hundred dollars.

124

SECRETARY FOR CHINESE AFFAIRS.

Tho Sprretury
uiav delcfiato Ills
powers witli the
gaiK'tion of tlie
Rcsiilerit-
Ueneral.

Eesldent-
Qpiirrnl or
Resident limy
make rules.

riiotoiJ:rRiih3
may be taken
for purposes of
identillcatlon.

Procedure in

judicial

enquiries.

• (v) Nolliinij ill Seclioii 30 or Section 81) coiildincd .^/lalf applij lo
any order made under the jyrovisions of this section.

32. The Secretary may from time to time, ^\ith the sanction of
the Resident-General, by notification in the Gazette, authorize any
odicer to exercise any of the ])o\vers entrust(>(l to th(^ (Secretary by
this or any other Enactment within tiie State, subject to such
limitations as he may think lit, and may with the like sanction and
in like manner withdraw any such authority.

33. The Resident-General, or the Resident with the approval of the
Resident-General, may from time to time, by j)ublication thereof in
the Gazette, make such rules as may be necessary for giving effect to
this Enactment, and the breach of any such rules shall, on ccmviction,
be punishable with fine not exceeding one hundred dollars, and when
the breach of any such rules is a continuing one with a further fine
not exceeding ten dollars for every day during which such breach
continues.

34. In all cases where the Secretary considers it necessary to secure
the future identification of any person summoned and examined
under the provisions of this Enactment, it shall be lawful for him to
direct that such person be photographed at such time and in such
place and manner as the Secretary thinks fit, and any person so
directed who refuses to obey shall be guilty of an offence, and shall,
on conviction before a magistrate, be liable to a penalty not exceed-
ing one hundred dollars or to imprisonment of either description for
a term not exceeding three months.

35. (i) It shall be lawful for the Secretary to enquire into and
decide any judicial matter coming before him under the provisions of
this Enactment in any court house or in any other suitable place to
which the public shall have access, and any such judicial proceeding
before the Secretary may be conducted in the vernacular spoken by
the parties to the proceeding or in such other language or dialect as
the Secretary may allow.

(ii) If any person interested in any judicial proceeding under this
Enactment shall have been duly summoned by the Secretary to
attend at such proceeding and shall have made default in so doing, it
shall be lawful for the Secretary to go on with such proceeding in the
absence of such person and to hear or decide any cause or matters
arising out of it, notwithstanding that the interests of such person
may be j^rejudicially affected by such hearing or decision.

(iii) The Secretary shall take written notes of all evidence given
before him and shall keep such case books as may be necessary for
recording all judicial proceedings instituted, heard, decided, and
settled, under the provisions of this Enactment, and the record in
such ease books shall be sufficient evidence of the giving of any
decision or of the making of any order or finding and any person
interested in such proceedings shall be at liberty to obtain a copy
of such records from the Secretary, on due application in writing,
and on payment of a stamp fee of five dollars.

(iv) No advocate or solicitor shall be allowed to appear in the
Secretary's court except in such proceedings as arise under the
provisions of Sections 7 and 11 of this Enactment.

actions.

SECRETARY FOR CHINESE AFFAIRS. 125

36. All processes, summonses, and other documents issued under service ot
this Enactment, shall bo deemed to have been validly and effectually p''"^^*^-
served if served on or left with the person intended to be served, or, if

he cannot be found, if left at his last known place of business or
abode by any person authorized by the Secretary in that behalf.

37. (i) Under any Enactment the execution of which is by law The secretary
entrusted to the Secretary it shall be law ful for him without warrant ^*^ amrserrt^h
to orally order the arrest in his presence of any person, or to orally places witiiout
order an entry and search to be made in his presence, in all cases ceruui'o^es.
when he might, if a magistrate, lawfully issue either a warrant for

the arrest of a person or a warrant to enter and search a house or
place or to search a person.

(ii) In every case in which a person has been arrested under this
section the Secretary shall, before midnight of the day of arrest,
obtain from a magistrate a warrant authorizing such arrest, and
unless this be done, the person arrested shall forthwith be released.

(iii) In every case in which an entry and search has been ordered
by the Secretary under this section the Secretary shall, before mid-
night of the day of entry and search, obtain from a magistrate a
warrant authorizing such entry and search in default of which the
same shall be deemed to be illegal.

38. (i) Anj^ action, suit, or prosecution against any person for any- Provision* as to
thing done in pursuance or execution or intended execution of this
Enactment, or of any rules made thereunder, shall be commenced
within three months after the thing done and not othermse.

(11) Notice In writing of such suit, action, or prosecution and of
the cause thereof shall be given to the defendant at least one month
before the commencement of the same.

(iii) In any such suit, action, or prosecution the defendant may set
up by way of special defence that the act complained of was done in
pursuance or execution or intended execution of this enactment, or
of any such rules as aforesaid, and may give this Enactment and such
rules and the special matter in evidence at any trial to be had
thereupon.

(Iv) In every such suit, action, or prosecution It shall be alleged
the defendant acted maliciously and without reasonable or probable
cause, and unless the plaintiff proves such allegation judgment shall
be given for the defendant.

(v) The plaintiff shall not recover if tender of sufficient amends is
made before such suit, action, or prosecution has been brought, or if
after such suit, action, or prosecution has been brought a sufficient
sum of money is paid into court by or on behalf of the defendant.

(vi) If judgment is given for the defendant, or he is acquitted, as
the case may be, or the plaintiff becomes non-suited or discontinues
the suit or action, the defendant shall recover his full costs and shall
have the like remedy for the same as any defendant has by law for
costs in other cases.

(vil) Though judgment is given for the plaintiff, he shall not have
costs against the defendant unless the magistrate before whom the
case is tried certifies his approbation of the suit or action.

126 SECRETARY FOR CHINESE AFFAIRS.

Enforcement- of 39. Wlioii aiiy Order or decree is made by the Secretary under this
order. Enactment and is not obeyed, tlie Secretary may send a copy of it,

certified under his hand and seal, to the civil court witliin whose local
jurisdiction such order or decree has been made, and such court shall
thereupon, subject to any order made on appeal or revision, enforce
the same as though it had been an order or decree made by such
court, and shall charge such fees as would be payable upon the
enforcement of a like order or decree by such court.
Interpretation. 40. (i) In tliis Enactment a person of Chinese nationality shall

mean any person bearing a Chinese surname, commonly called a
Sell or Sing, who is a Chinese subject owing natural allegiance to
the Emperor of China, or who has his domicile in the Empire of China
or its dejjendencies.

(ii) The natural allegiance and domicile of a wife shall be held
to be that of her husband and the natural allegiance and domicile of
children that of the father until they shall have acquired some other.

(iii) Christian Chinese shall not be deemed to be of Chinese
nationality.

(iv) When the question is whether the person is of Chinese nation-
ality, and it is shown that he has habitually used the Chinese dress or
language or followed Chinese customs, the presumption shall be that
he is of such nationality and the burden of proving that he is not
shall be on the person who affirms it.

41. (i) All bonds made under or in pursuance of the provisions
of this Enactment or any rules made thereunder shall, unless other-
wise expressly or by implication directed, be expressed to be made
with the Secretary.

(ii) In the case of bonds so made, upon each occurrence of a
change of Secretary, the new Secretary shall be deemed to take the
place of, and be substituted for, the Secretary whom he succeeds, as
party obligee to the contract on the bond, and shall become such
party as fully and completely in all respects as if he were originally
made such party on the occasion of the making of the bond.

(iii) All moneys recovered by the Secretary on any bond shall be
paid to the State Treasurer for the benefit of the public revenue of
the State.

Schedule.

Form A (i).

{Section 8, Enactment VIII. of 1899.)

ORDER BY COURT OF REFERENCE TO ARBITRATION.

In the Court of

In the suit of

against

To the Secretary for Chinese Affairs,
you are hereby required to call before you the parties for this suit
and to arbitrate between them in the following matter :

Dated the day of 189 .

In the District of

In the State of Magistrate.

SECRETARY FOR CHINESE AFFAIRS. 127

Form A (ii).
(Section 8, Enactment VIII. of 1809.)
ORDER BY COURT FOR ENQUIRY BY SECRETARY.
In the Court of
In the suit of

against
To the Secretary for Chinese Affairs,
you are hereby required to call before you the parties to this suit
and to make the following examination and enquiries, submitting
the results of your enquiry in writing to this Court :

The following documents are forwarded to you herewith :
Dated the day of 189 .

In the District of
In the State of

Magistrate.

Form B (i).
(Section 8, Enactment VIII. of 1899.)
ARBITRATION AWARD.
In the suit of

against
Referred to me by on the day of 1 89 .

I do hereby judge and award that
Dated the day of 189 .

In the District of

In the State of

Secretary for Chinese Affairs, F.M.S.
Arbitrator.

Form B (ii).
REPORT.

(Section 8, Enactment VIII. of 1899.)

In the suit of

against

referred to me by you for examination and enquiry on the day

of 189 .

I hereby report the results of the aforesaid examination and
enquiry as follows :

That

The following documents are returned :

Dated the day of 189 .

In the District of

In the State of

Secretary for Chinese Affairs, F.M.S.

1^8

SECRETARY FOR CHINESE AFFAIRS.

Form C.

{Section 11, Enaclmcnt VIII. oj IS99.)
AGREEMENT TO REFER TO ARBITRATION.
In the suit of

against
We, the undorsigncd parties to the above suit, hereby mutuallj^
agree that all matters in difference between us in the above suit be
referred to the determination of the .Secretary for Chinese Affairs,
by whose award we agree to abide, subject only to the right of
application to the Judicial Commissioner to set aside the award
vested in us by Section 12 of Enactment VIII. of 1899.

In witness whereof we have hereunto set our hands this day

of 189 , corresponding to this day of moon of

the cyclical year

Signature of Complainant
Signature of Defendant
Signed before me

Registrar or Magistrate.
In the District of

In the State of

Form D.

{Section. 17, Enactment VIII. of 1899.)

No.

To the

In the District of
In the State of
In the matter of the intestate estate and effects of

After making due enquiry and examination I find that
The finding given above is made for the following reasons :
Dated the day of 189 .

Secretary for Chinese Affairs, F.M.S.

Form E (i).

{Section 18, Enactment VIII. of 1899.)
No.

In the District of

In the State of
In the matter of certain Chinese documents forwarded by you to me
on the day of 189 , of the following nature — namely,

I hereby certify that the translation hereto attached is accurate
and true.

Dated the day of 189 .

Secretary for Chinese Affairs, F.M.S.

SECRETARY FOR CHINESE AFFAIRS.

129

Form E (ii).

(Section 18, Enactment VIII. of 1899.)

SCALE OF STAMP FEES FOR TRANSLATION.

I. From Chinese into English — S c.

For one page of 30 lines . . . . . . . . 1 00

For every other page of 30 lines or less than 30

lines
II. From English into Chinese —

For first hundred Chinese characters . .

1 50

For every succeeding hundred characters or a
lesser number . . . . . . . . . . . . 75

Form G.

FORM OF REGISTER OF RECRUITERS OF CHINESE

IMMIGRANTS.

[Section 26, Enactment VIII . of 1899.)

Name of Recruiter,

English. Chinese.

Residence in
China and in State.

Name of employer
or referee.

Remarks by
Secretary.

Form H,
Photograph. 25 cents

stamp.

RECRUITING OF CHINESE IMMIGRANTS.
CERTIFICATE OF REGISTRATION.

{Section 26, Enactment VIII. of 1899.)

of China, now resident in

in the State of is hereby registered as a Recruiter of Chinese

Immigrants and authorized to procure engagements for labour for
any such Chinese immigrants in the State of for

Secretary for Chinese Affairs, F.M.S.

The day of 189 .

1—9

130

SECRETARY FOR CHINESE AFFAIRS.

Form I.

CHINESE PASSENGER LODGING-HOUSE.

FORM OF REGISTER.

{Section 27, Enactment VIII. of 1899.)

Date.

Resistor
No.

Situation of

house and

name of street.

Maximum No.
of |)assenf,'ers
to be received.

Name.

of liouse-

owner.

Name

of licensed

keeper.

Names of
employes.

Form J.
CHINESE PASSENGER LODGING-HOUSE LICENSE.

{Section 27, Enactment VIII. of 1899.)
Stamp fee of $12.

I, the undersigned Secretary for Chinese Affairs, Federated Malay-
States, under the provision of Section 27 of Enactment VIII. of 1899,
hereby authorize to keep and manage a licensed Chinese

Passenger Lodging-House at No, street in

as a place to accommodate Chinese passengers not exceeding in

number, subject to the rules for the time being in force in that behalf.

This license will expire on 189 .

Secretary for Chinese Affairs, F.M.S.

IRRIGATION AREAS.

Perak.l

Selangor.

Negri Sembilan.

Pahang.

E. 14 of 1899

E. 18 of 1899

E 16 of 1899

E, 17 of 1899

8.7.1899

18.9.1899

12.12.1899

28.9.1899

21.7.1899

G. 10. 1899

22.12.1899

1.12.1899

An Enactment to provide for the proclamation of Irriga-
tion Areas.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as the " Irrigation Areas Enact- short title
raent, 1899," and shall come into force upon the publication thereof =^"'^ fo™-
in the Gazette.

Interpretaticn,

" Irrii^atioii
area."

Occupant."

Proprietor.'

2. In this Enactment, unless the context otherwise requires :

'■ Irrigation area " means any area which may, from time to time
be defined by the Resident under the provisions of this Enactment]

" Occupant " includes a person having the charge, management,
or control of any lands.

"Proprietor" means the holder of the title to any lands, and
includes the cultivator, or person in actual possession of any such
lands.

3. It shall be lawful for the Resident, by proclamation for that irrigation
purpose to be published in the Gazette, to declare any lands within the dedami^by
area affected by any irrigation works wholly or in part carried out or proclamation.
sanctioned by the Government, to be an irrigation area. Such
proclamation shall define the boundaries of such irrigation area, and

the Resident may, from time to time by similar proclamation for
that purpose, extend the boundaries of such irrigation area and may
exclude lands already included in it.

4. It shall further be lawful for the Resident, from time to time Power to im-
by publication for that purpose in the Gazette, to impose a water-rate r^t^c ,^it['^'^"
upon the proprietors or occupants of any lands within an irrigation make rules.
area, and to make rules for the assessment and collection thereof,

and, by similar proclamation for that purpose from time to time,
to cancel or vary any such rate or rules.

1 Does not apply to Kiian District, See Pk. E. 16 of 1905.

131

BUFFALOES.

rcrak.
E. IGof 1899
14.10.1899
27.10.1899

Selaiigor.
E. 19 of 1899
18.9.1899
G. 10. 1899

Negri Sembilan.
E. 14 of 1899
30.8.1899
15.9.1899

Pahang.
E. 9 of 1899
29.9.1899
1.12.1899

An Enactment to consolidate and amend the law relating
to Buffaloes.

It is hereby enacted by His Highness the Sultan in Council as
follows : —
Short title aua ^^ This Enactment may be cited as the " Buffaloes Enactment,

coniniGiiCB"

ment. 1899," and shall come into force upon the date of its publication in

the Gazette.

Repeal.

Control of
buffaloes.

Savage
buflaloes.

Buffaloes com-
mitting damage
on cultivated
land in certain
months.

Liabillity for
damage done by
buffalo.

Damage done
by buffaloes to
road.

2. The Enactments mentioned in the schedule are hereby repealed
to the extent specified in the third column of the schedule,

3. (i) No buffalo shall be led or driven along any road, path, or
track, unless controlled by a nose-ring and rope in the hands of the
driver.

(ii) Every buffalo, when on or near any road, path, or track, shall
have affixed to its horns a guard of hard wood of not less than one and
a half inches in thickness, which shall not be more than one inch
below the tips of the horns.

(iii) Any buffalo found on any road, path, or track, and not
controlled by a nose-ring and rope, as prescribed by sub-section (i),
may be impounded by any person, and may, after seven days, be
sold.

4. (i) It shall be the duty of the owner of any savage buffalo to
forthwith destroy the same.

(ii) If such owner shall neglect to do so, any person may report
the matter to a penghulu or police officer, who may destroy such
buffalo if he shall find the same to be dangerous.

5. During the seasons when the padi is growing, in the event
of any buffalo straying on to any cultivated land and committing
damage thereon, it shall be lawful for any police officer, or for the
owner or occupier of such land to impound such buffalo when found
committing damage as aforesaid.

6. The owner or jjerson in charge of a buffalo shall be liable for all
damage done by such buffalo which may arise from such buffalo not
being properly folded, tethered, or otherwise kept under control, and
may also be charged before the nearest magistrate for permitting the
buffalo to stray and, on conviction, shall be liable to a fine not exceed-
ing twenty-five dollars, or, in default of payment, to simple imprison-
ment for any period not exceeding six weeks.

7. Whenever any damage is done by stray buffaloes to public
roads, it shall be lawful for the penghulu of the mukim in which such

132

BUFFALOES. 133

roads are situate to direct such of the people of the mukim as own
a bufPalo or buffaloes to repair such damage, and such persons shall
be legally bound to obey the directions of the penghulu ; and any
person wilfully refusing to obey the same shall, on conviction, be
liable to a fine not exceeding five dollars.

8. (i) Whenever in any mukim a common grazing ground has Provisions a'* to
been dedicated for the use of the people of such mukim , the penghulu g^^nX. ^^"'"^
may direct such of the people of the mukim as own a buffalo or
buffaloes to keep such common grazing ground duly fenced, and such

persons shall be legally bound to obey the directions of the penghulu ;
and any person wilfully refusing to obey the same shall, on convic-
tion, be liable to a fine not exceeding five dollars.

(ii) All buffaloes belonging to the people of the mukim shall,
unless tethered or confined in a securely-fenced pen, be confined in
such common grazing ground between sunset and sunrise.

(iii) In mukims where there is no common grazing ground all
buffaloes shall at night be kept tethered or confined in a securely-
fenced pen.

(iv) The Resident may, from time to time, by proclamation pub-
lished in the Gazette, direct that all the buffaloes within an area to be
described in such proclamation shall, for a period to be specified in
such proclamation, be confined by day and night within the nearest
common grazing ground.

9. (i) In the event of any buffalo falHng sick, whether such provisions as to
sickness be infectious or not, it shall be the duty of the owner or ^Sato^!'''^
person in charge of such buffalo —

(a) Forthwith to report such sickness to the penghulu and at

the nearest police station, and
[h) To remove such buffalo from the common grazing ground
and isolate it.
(ii) In the event of the death of any buffalo the owTier or person
in charge thereof shall forthwith report the same to the penghulu
and at the nearest police station.

10. (i) Any owner or person in charge of a buffalo who shall fail Penalties.
to comply with any of the provisions of Section 3, Section 4 sub-
sections (ii), (iii), and (iv), of Section 8 or Section 9, shall be liable,

upon conviction, to fine not exceeding fifty dollars, which, in
default of payment, shall be levied by distress and sale of any
movable property belonging to the offender, and, in the event of
sufficient distress not being found within the jurisdiction of the
court granting the warrant, the provisions of Section 4 of the
" General Clauses Enactment, 1897," shall ai^ply ; provided that
any imprisonment imposed in default shall be simple imprisonment,
and shall not exceed three months.

(ii) Nothing in Sections 3 and 4 shall apply to any buffalo not
being more than half -grown.

11. (i) In the month of Sha-aban in every year the Collector of Annuai^ce^nsus
Land Revenue of every district shall take a census of the buffaloes

in each mukim of his district.

134

BUFFALOES.

ExaTiiinntioii of
l)iiiral(ics on
entry into Mm
Statn or
district.

(ii) The penghiilu of every mukira shall, for the purposes of such
census, send to the Collector of Land Revenue a return showing
the number of buffaloes in the mukim, and the name and residence
of the owner of each buffalo.

12. The Resident may, from time to time, by proclamation in the
Gazette, direct that the provisions of this section shall, for a period
to be specified in such proclamation, apply to any country or district
named in such proclamation, and the following provisions shall
thereupon have effect : —

(i) Every buffalo about to enter the State from the country
named in the proclamation, or about to enter another district of
the State from the district named in the proclamation, shall, upon
reaching the frontier, be confined in a quarantine shed or enclosure
for a period of ten days and shall, at the expiration of such period,
be examined by an officer, to be appointed by the District Officer,
to ascertain if the buffalo is free from contagious and infectious
disease.

(ii) If such officer shall be satisfied that the buffalo is free from
contagious and infectious disease, he shall grant to the owner or
person in charge of the buffalo a certificate of entry, and such
buffalo shall thereupon be permitted to enter the State or district.

(iii) For every bviffalo confined as aforesaid a fee of 50 cents,
exclusive of the cost of maintaining the buffalo, shall be paid by
the owner or person in charge of the buffalo to the District Officer
for the benefit of the public revenue.

(iv) Any owner or person in charge of a buffalo bringing or
attempting to bring such buffalo into the State, or from one district
of the State into another district thereof, contrary to the terms of
this Enactment, shall be liable, on conviction by a magistrate, to
a fine which may amount to fifty dollars, or, in default of pa3^ment,
to simple imprisonment for any period not exceeding three months,
and the magistrate may also order that the buffalo shall be
forfeited.

(v) The provisions of this section shall not apply to any buffalo
in respect of which there is produced by the owner or person in
charge a certificate of recent date by a duly qualified veterinary
surgeon or medical officer, to the effect that the buffalo referred to
in the certificate is free from contagious and infectious disease.

Schedule.
ENACTMENTS REPEALED.

Number.

Pk. : 0. in C. 9 of 1891
Sel. : 3 of 1899 . .
N.S. : 5 of 1896 . .
Pg. : 0. in C. 3 of 1890 . .

Short title.

Control of Buffaloes
Buffaloes, 1899 . .
Buffaloes, 1896 . .
Respective Rights of Padi

Planters and Owners

of Buffaloes

Extent of
repeal.

The whole
The whole
The whole
The whole

CONTRACT.

rerak.

Selangor.

Negri Scmbilan.

Pahang.

E. 22 of 1899

E. 30 of 1899

E. 23 of 1899

E. 1 of 1900

30.12.1899

28.12.1899

12.12.1899

28.3.1900

1.9.1903

23.2.1900

22.12.1899

1.6.1900

An Enactment to define and amend certain parts of the
Law relating to Contracts.

Whereas it is expedient to define and amend certain parts of the Preamble.
law relating to contracts : It is hereby enacted by His Highness
the Sultan in Council as follows : —

PRELIMINARY.

1. (i) This Enactment may be cited as the " Contract Enactment, short title and
1899," and shall come into force on the date of the publication m^™^""^'
thereof in the Gazette}

(ii) The Enactment mentioned in the schedule hereto is repealed Enactment
to the extent specified in the third column thereof ^ ; but nothing '^^p^^'^'^-
herein contained shall affect the provisions of any Enactment not
hereby expressly repealed, nor any usage or custom of trade, nor
any incident of any contract, not inconsistent with the provisions
of this Enactment.

2. In this Enactment the following words and expressions are interpretation
used in the following senses, unless a contrary intention appears

from the context : —

(a) When one person signifies to another his willingness to

do or to abstain from doing anything, with a view to

obtaining the assent of that other to such act or abstinence,

he is said to make a proposal ;
{h) When the person to whom the proposal is made signifies

his assent thereto, the proposal is said to be accepted :

a proposal, when accepted, becomes a promise ;
(c) The person making the proposal is called the " promisor,"

and the person accepting the proposal is called the

" promisee " ;
{d) When, at the desire of the promisor, the promisee or any

other person has done or abstained from doing, or does

or abstains from doing, or promises to do or to abstain

from doing, something, such act or abstinence or promise

is called a consideration for the promise ;

1 Pk. and Pg. : on a day to be fixed by the Resident by notification in the
Gazette.

2 Sel. only.

135

136

CONTRACT.

(e) Every promise and every set of promises, forming the
consideration for each other, is an agreement ;

(/) Promises which form the consideration or part of the
consideration for each other are called reciprocal promises ;

(g) An agreement not enforceable by law is said to be void ;

(/t) An agreement enforceable by law is a contract ;

(i) An agreement Avhich is enforceable by law at the option
of one or more of the parties thereto, but not at the
option of the other or others, is a voidable contract ;

(;') A contract which ceases to be enforceable by law becomes
void when it ceases to be enforceable.

Communica-
tion, acceptance,
and revocation
of proposals.

Communication
wlien complete.

Ch AFTER I.

OF THE COMMUNICATION, ACCEPTANCE, AND
REVOCATION OF PROPOSALS.

3. The communication of proposals, the acceptance of proposals,
and the revocation of proposals and acceptances, respectively, are
deemed to be made by any act or omission of the party proposing,
accepting, or revoking, by which he intends to communicate such
proposal, acceptance, or revocation, or which has the effect of
communicating it.

4. The communication of a proposal is complete when it comes
to the knowledge of the person to whom it is made.

The communication of an acceptance is complete —

As against the proposer, when it is put in a course of transmission
to him, so as to be out of the power of the acceptor ;

As against the acceptor, when it comes to the knowledge of the
proposer.

The communication of a revocation is complete —

As against the person who makes it, when it is put into a course
of transmission to the person to whom it is made, so as to be out
of the power of the person who makes it ;

As against the person to whom it is made, when it comes to
his knowledge.

Illustrations.
(a) A proposes, by letter, to sell a house to B at a certain price.
The commiinication of the proposal is complete when B receives the letter.
(6) B accepts A's proposal by a letter sent by post.
The communication of the acceptance is complete —
As against A, when the letter is posted ;
As against B, when the letter is received by A.
(c) A revokes his proposal by telegram.

The revocation is complete as against A when the telegram is despatched.
It is complete as against B when B receives it.

B revokes his acceptance by telegram. B's revocation is complete as
against B when the telegram is despatched, and as against A when it reaches
him.

CONTRACT. 137

5. A proposal may be revoked at any time before the commiuu- Revocation of
cation of its acceptance is complete as against the proposer, but a^eptaicw."*
not afterwards.

An acceptance may bo revoked at any time before the communi-
cation of the acceptance is complete as against the acceptor, but
not afterwards.

Illustrations.

A proposes, by a letter sent by post, to sell his house to B.

B accepts the proposal by a letter sent by post.

A may revoke his proposal at any time before or at the moment when B
posts his letter of acceptance, but not afterwards.

B may revoke his acceptance at any time before or at the moment when
the letter communicating it reaches A, but not afterwards.

6. A proposal is revoked — Revocation how

^ -^ made.

(a) By the communication of notice of revocation by the

proposer to the other party ;

(b) By the lapse of the time prescribed in such proposal for

its acceptance, or, if no time is so prescribed, by the
lapse of a reasonable time, without communication of
the acceptance ;

to acceptance ; or

(d) By the death or insanity of the proposer, if the fact of

his death or insanity comes to the knowledge of the
acceptor before acceptance.

7. In order to convert a proposal into a promise the acceptance Acceptance

must — absolute.

(a) Be absolute and unqualified ;

(b) Be expressed in some usual and reasonable manner, unless

the proposal prescribes the manner in which it is to be
accepted. If the proposal prescribes a manner in which
it is to be accepted, and the acceptance is not made in
such manner, the proposer may, within a reasonable time
after the acceptance is communicated to him, insist that
his proposal shall be accepted in the prescribed manner,
and not otherwise ; but, if he fails to do so, he accepts
the acceptance.

8. Performance of the conditions of a proposal, or the acceptance Acceptance by
of any consideration for a reciprocal promise which may be offered performing con-
with a proposal, is an acceptance of the proposal. receiving

consiJcration,

9. In so far as the proposal or acceptance of any j)romise is made Promises,
in words, the promise is said to be express. In so far as such f^^,^^"""^
proposal or acceptance is made otherwise than in words, the promise

is said to be implied.

138

CONTRACT,

What aRree-
ments are
contracts.

Who are
competent
to coatract.

What is a
sound mind for
the purposes
of contracting.

" Consent '
defined.

" Free consent "
defined.

" Coercion '
defined.

Chapter II.

of contracts, voidable contracts, and void
agrp:ements.

10. (i) All agreements arc contracts if they arc made by the
free consent of parties competent to contract, for a lawful con-
sideration and with a lawful object, and are not hereby expressly
declared to be void.

(ii) Nothing herein contained shall affect any law in force in the
Federated Malay States and not hereby expressly repealed, by
which any contract is required to be made in writing or in the
presence of witnesses, or any law relating to the registration of
documents.

11. Every person is competent to contract who is of the age of
majority according to the law to which he is subject, and who is
of sound mind, and is not disqualified from contracting by any law
to which he is subject.

12. (i) A person is said to be of sound mind for the purpose of
making a contract if, at the time Avhen he makes it, he is capable
of understanding it and of forming a rational judgment as to its
effect upon his interests.

(ii) A person who is usually of unsound mind, but occasionally
of sound mind, may make a contract when he is of sound mind.

(iii) A person who is usually of sound mind, but occasionally of
unsound mind, may not make a contract when he is of unsound
mind.

Illustrations.

(a) A patient in a lunatic asykim, who is at intervals of sound mind, may
contract during those intervals.

(6) A sane man, who is delirious from fever, or who is so drunk that he
cannot understand the terms of a contract, or form a rational judgment
as to its effect on his interests, cannot contract whilst svich delirium or drunken-
ness lasts.

13. Two or more persons are said to consent when they agree
upon the same thing in the same sense.

14. Consent is said to be free when it is not caused by —

(a) Coercion, as defined in Section 15 ; or

(b) Undue influence, as defined in Section 16 ; or

{d) Misrepresentation, as defined in Section 18 ; or

(e) Mistake subject to the provisions of Sections 20, 21, and 22.

Consent is said to be so caused when it would not have been
given but for the existence of such coercion, undue influence, fraud,
misrepresentation, or mistake.

15. " Coercion " is the committing, or threatening to commit,
any act forbidden by the Penal Code, or the unlawful detaining
or threatening to detain, any property, to the prejudice of any

influence'
defined.

CONTRACT. 139

person whatever, with the intention of causing any person to enter
into an agreement.

Explanation. — It is immaterial whether the Penal Code is or is not in
force in the place where the coercion is employed.

Illustrations.

A, on board an English ship on the high seas, causes B to enter into an
agreement by an act amotmting to criminal intimidation under the Penal
Code.

A afterwards sues B for breach of contract at Taiping.

A has employed coercion, although his act is not an offence by the law of
England, and although Section 506 of the Penal Code was not in force at the
time when or place where the act was done.

16. (i) A contract is said to be induced by "undue influence" ■■ undue
where the relations subsisting between the parties are such that
one of the parties is in a position to dominate the will of the other
and uses that position to obtain an unfair advantage over the other.

(ii) In particular and without prejudice to the generality of the
foregoing principle, a person is deemed to be in a position to
dominate the will of another —

(a) Where he holds a real or apparent authority over the other,

or where he stands in a fiduciary relation to the other ; or

(b) Where he makes a contract with a person whose mental

capacity is temporarily or permanently affected by reason
of age, illness, or mental or bodily distress.

(iii) Where a person who is in a position to dominate the will of
another, enters into a contract with him, and the transaction
appears, on the face of it or on the evidence adduced, to be uncon-
scionable, the burden of proving that such contract was not induced
by undue influence shall lie upon the person in a position to
dominate the will of the other.

Illustrations.

(a) A having advanced money to his son, B, during his minority, upon
B's coming of age, obtains, by misuse of parental influence, a bond from B
for a greater amoimt than the sum due in respect of the advance. A employs
undue influence.

(6) A, a man enfeebled by disease or age, is induced, by B's influence over
him as his medical attendant, to agree to pay B an unreasonable simi for his
professional services. B employs vuidue influence.

(c) A, being in debt to B, the money-lender of his village, contracts a fresh
loan on terms which appear to be unconscionable. It lies on B to prove
that the contract was not induced by imdue influence.

(d) A applies to a banker for a loan at a time when there is stringency
in the money market. The banker declines to make the loan except at an
imusually high rate of interest. A accepts the loan on these terms. This is
a transaction in the ordinary coiurse of business, and the contract is not
induced by undue influence.

17. "Fraud" means and includes any of the following acts "FrauJ

• 1 d6uu6u

committed by a party to a contract, or with his connivance, or by
his agent, with intent to deceive another party thereto or his agent,
or to induce him to enter into the contract : —

(a) The suggestion, as to a fact, of that which is not true by
one who does not beUeve it to be true ;

140

CONTRACT.

(b) The active concealment of a fact by one having knowledge

or belief of the fact ;

{(I) Any other act fitted to deceive ;

(e) Any such act or omission as the law specially declares to
be fraudulent.

Expr^ANATlON. — Mero silence as to facts likely to affect tlic willingness of
a person to enter into a contract is not fraud, unless the circumstances of
the case are such that, regard being had to them, it is the duty of the person
keeping silence to speak, or imless his silence is, in itself, equivalent to speech

Illustrations.

(a) A sells, by auction, to B, a horse which A knows to be unsound. A
says nothing to B about the horse's unsoundness. This is not fraud in A.

(6) B is A's daughter and has just come of age. Here, the relation between
the parties would make it A's duty to tell B if the horse is unsound.

(c) B says to A, " If you do not deny it, I shall assume that the horse is
soimd." A says nothing. Here, A's silence is equivalent to speech.

{d) A and B, being traders, enter upon a contract. A has private informa-
tion of a change in prices which would affect B's willingness to proceed with
the contract, A is not boimd to inform B.

" Misrepresen-
tation " defined.

Voidability of
aereenients
without free
consent.

18. " Misrepresentation " means and includes—

(a) The positive assertion, in a manner not warranted by the

information of the person making it, of that which is not
true, though he believes it to be true ;

(b) Any breach of duty which, without an intent to deceive,

gives an advantage to the person committing it, or anyone
claiming under him, by misleading another to his prejudice,
or to the prejudice of anyone claiming under him ;

(r) Causing, however innocently, a party to an agreement to
make a mistake as to the substance of the thing which is
the subject of the agreement.

19. When consent to an agreement is caused by coercion, fraud,
or misrepresentation, the agreement is a contract voidable at the
ojition of the party whose consent was so caused.

A party to a contract, whose consent was caused by fraud or
misrepresentation, may, if he thinks fit, insist that the contract
shall be performed, and that he shall be put in the position in
which he would have been if the representations made had been
true.

Exception. — If such consent was caused by misrepresentation or by
silence, fraudulent within the meaning of Section 17, the contract, nevertheless,
is not voidable, if the party whose consent was so caused had the means of
discovering the truth with ordinary diligence.

Explanation. — A fraud or misrepresentation which did not cause the
consent to a contract of the party on whom such fraud was practised, or
to whom such misrepresentation was made, does not render a contract
voidable.

Illustrations.

(a) A, intending to deceive B, falsely represents that five hundred gantangs
of indigo are made annually at A's factory, and thereby induces B to buy
the factory. The contract is voidable at the option of B.

CONTRACT. 141

(b) A, by a misrepresentation, leads B erroneously to believe that five
hundred gantangs of indigo are made annually at A's factory. B examines
the accomit of the factory, which show that only four lumdred gantangs of
indigo have been made. After this B buys the factory. The contract is
not voidable on account of A's misrepresentation.

(c) A fraudulently informs B that A's estate is free from incumbrance.
B thereupon buys the estate. The estate is subject to a mortgage. B may
either avoid the contract, or may insist on its being carried out and the
mortgage-debt redeemed.

(d) B, having discovered a vein of ore on the estate of A, adopts means
to conceal, and does conceal, the existence of the ore from A. Through
A's ignorance B is enabled to buy the estate at an under- value. Tlie contract
is voidable at the option of A.

(e) A is entitled to succeed to an estate at the death of B ; B dies ; C,
having received intelligence of B's death, prevents the intelligence reaching
A, and thus induces A to sell him his interest in the estate. The sale is
voidable at the option of A.

19a. When consent to an agreement is caused by undue influence, Power to set
the agreement is a contract voidable at the option of the party pswe coiitract

, *= -, ■•■ r J induced by

whose consent was so caused. undue

influence.

Any such contract may be set aside either absolutely or, if the
party who was entitled to avoid it has received any benefit there-
under, upon such terms and conditions as to the Court may seem
just.

Illusteations.

(a) A's son has forged B's name to a promissory note. B, under threat
of prosecuting A's son, obtains a bond from A for the amount of the forged
note. If B sues on this bond, the Court may set the bond aside.

(b) A, a money-lender, advances $100 to B, an agriculturist, and, by undue
influence, induces B to execute a bond for $200 with interest at 6 per cent,
per month. The Court may set the bond aside, ordering B to repay the $100
with such interest as may seem just.

20. Where both the parties to an agreement are under a mistake Agreement void

where botli
parties are

as to a matter of fact essential to the agreement, the agreement _

is void. under mistake

as to matter of
... fact.

Explanation.^ — An erroneous opmion as to the value of the thing which
forms the subject-matter of the agreement is not to be deemed a mistake
as to a matter of fact.

Illustbations.

(a) A agrees to sell B a specific cargo of goods suppo'sed to be on its way
from England to Klang. It turns out that, before the day of the bargain,
the ship conveying the cargo had been cast away and the goods lost. Neither
party was aware of the facts. The agreement is void.

(b) A agrees to buy from B a certain horse. It turns out that the horse
was dead at the time of the bargain, though neither party was aware of the
fact. The agreement is void.

(c) A, being entitled to an estate for the life of B, agrees to sell it to C.
B was dead at the time of the agreement, but both parties were ignorant of
the fact. The agreement is void.

21. A contract is not voidable because it was caused by a mistake Effect of
as to any law in force in the Federated Malay States ; but a mistake ^i^^^ ^
as to a law not in force in the Federated Malay States has the
same effect as a mistake of fact.

142

CONTRACT.

Contract cnnsed
by mistake of
one party as to
matter of fact.

What conskler-
ations and
objects are
lawful, and
what not.

Illustrations.

A and B make a contract grounded on tlio erroneous belief that a par-
ticular debt is barred by the Limitation Enactment, 189G : the contract
is not voidable.

A and B make a contract grounded on an erroneous belief as to the law
regulating bills of exchange in France : the contract is voidable.

22. A contract is not voidable merely because it was caused by
one of tlie parties to it being under a mistake q-s to a matter of fact.

23. The

unless —

consideration or object of an agreement is lawful,

It is forbidden by law ; or

Is of such a nature that, if permitted, it would defeat the
provisions of any law ; or

Is fraudulent ; or

Involves or implies injury to the person or property of another ;

or
The Court regards it as immoral, or opposed to public policy.

In each of these cases, the consideration or object of an agreement
is said to be unlawful. Every agreement of which the object or
consideration is unlawful is void.

Illustrations.

(a) A agrees to sell his house to B for $10,000. Here, B's promise to
pay the sum of $10,000 is the consideration for A's promise to sell the house,
and A's promise to sell the house is the consideration for B's promise to
pay the $10,000. These are lawful considerations.

(6) A promises to pay B $1,000 at the end of six months, if C, who owes
that sum to B, fails to pay it. B promises to grant time to C accordingly.
Here the promise of each party is the consideration for the promise of the
other party, and they are lawful considerations.

(c) A promises, for a certain sum paid to him by B, to make good to B
the valua of his ship if it is wrecked on a certain voyage. Here A's promise
is the consideration for B's payment, and B's payment is the consideration
for A's promise, and these are lawful considerations.

(d) A promises to maintain B's child, and B promises to pay A $1,000
yearly for the purpose. Here the promise of each party is the consideration
for the promise of the other party. They are lawful considerations.

(e) A, B, and C enter into an agreement for the division among them of
gains acquired, or to be acquired, by them by fraud. The agreement is void,
as its object is milawful.

(/) A promises to obtain for B an employment in the public service, and
B promises to pay $1,000 to A. The agreement is void, as the consideration
for it is unlawful.

(g) A, being agent for a landed proprietor, agrees for money, without
the knowledge of his principal, to obtain for B a lease of land belonging
to his principal. The agreement between A and B is void, as it imjDlies a
fraud by concealment, by A, on his principal.

(h) A promises B to drop a prosecvition which he has instituted against
B for robbery, and B promises to restore the value of the things taken. The
agreement is void, as its object is unlawful.

(i) A's estate is sold for arrears of revenue vuider the provisions of an
Enactment, by which the defaulter is prohibited from purchasing the estate.
B, upon an vinderstanding with A, becomes the pui'chaser, and agrees to
convey the estate to A upon receiving from him the price which B has paid.
The agreement is void, as it renders the transaction, in eflfect, a pui'chase
by the defaulter, and would so defeat the object of the law.

CONTRACT. 143

(j) A, who is B'a solicitor, promises to exercise his influence, as such, with
B in favovu- of C, and C promises to pay $1,000 to A. The agreement is
void, because it is immoral.

(k) A agrees to lot her daughter to hire to B for concubinage. The
agreement is void, because it is immoral, tliough the letting may not be
punishable under the Penal Code.

Void Agreements.

24. If any part of a single consideration for one or more objects, Acreemenu

or any one or any part of any one of several considerations for a luons ami"*'*^^"^
single object, is unlawful, the agreement is void. fu/in''')art'''"'

Illustration.

A promises to superintend, on behalf of B, a legal manufacture of indigo,
and an illegal traffic in other articles. B promises to pay to A a salary of
§10,000 a year. Tlie agreement is void, the object of A's promise, and the
consideration for B's promise, being in part unlawfxil.

25. An agreement made without consideration is void, unless — ACTeement

(a) It is expressed in writing and registered under the law (if si.ieration°"'oid,
any) for the time being in force for the registration of ir/sln writin<»
such documents, and is made on account of natural love and registered,
and affection between parties standing in a near relation
to each other ; or unless

(h) It is a promise to compensate, wholly or in part, a person or is a promise
who has already voluntarily done something for the *« compensate

j^i • I • 1 ^1 • .11 for somettiiiig

promisor, or somethmg which the promisor was legally done,
compellable to do ; or unless

(c) It is a promise, made in writing and signed by the person or is a promise
to be charged therewith, or by his agent generally or ban-ed "b "^'^'^
specially authorized in that behalf, to pay wholly or in limitation la*-;.
part a debt of which the creditor might have enforced
payment but for the law for the limitation of suits.

In any of these cases, such an agreement is a contract.

Explanation 1. — Nothing in this section shall afTect the validity, as
between the donor and donee, of any gift actually made.

Explanation 2. — An agreement to which the consent of the promisor
is freely given is not void merely because the consideration is inadequate ;
but the inadequacy of the consideration may be taken into account by the
Coiu't in determining the question whether the consent of the promisor
was freely given.

Illusteations.

(a) A promises, for no consideration, to give to B $1,000. This is a void
agreement.

(6) A, for natural love and affection, promises to give his son, B, $1,000.
A puts his promise to B into writing and registers it under a law for the time
being in force for the registration of such documents. This is a contract.

(d) A supports B's infant son. B i^romises to pay A's expenses in so doing.
This is a contract.

(e) A owes B $1,000, but the debt is barred by the Limitation Enactment,
1896. A signs a written promise to pay B $500 on account of the debt. This
is a contract.

144

CONTRACT.

Agrcemciil in
restraint of
marriage void.

Agreement in
restraint of
trade void.

(/) A agrees to sell a horse worth $1,000 for $10. A's consent to the agree-
ment was freely given. The agreement is a contract notwithstanding the
inadequacy of the consideration.

(g) A agrees to sell a horse worth $1,000 for $10. A denies that his
consent to the agreement was freely given.

The inadequacy of the consideration is a fact which the Court should take
into account in considering whether or not A's consent was freely given.

26. Every agreement in restraint of the marriage of any person,
other than a minor, during his or her minority, is void.

27. Every agreement by which anyone is restrained from
exercising a lawful profession, trade, or business of any kind, is
to that extent void.

Saving of agree-
ment not to
carry on busi-
ness of wliicli
good-will is
sold ;

of agreement
between
partners prior
to dissolution ;

or during
continuance of
partnership.

Agreements in
restraint of legal
proceedings
void.

ExcKPTiON 1. — One who sells the good-will of a business may agree with
the buyer to refrain from carrying on a similar business, within specified local
limits, so long as the buyer, or any person deriving title to the good-will
from him, carries on a like business therein : Provided that such limits appear
to the Court reasonable, regard being had to the nature of the biosiness.

Exception 2. — Partners may, upon or in anticipation of a dissolution
of the partnership, agree that some or all of them will not carry on a business
similar to that of the partnership within such local limits as are referred to
in the last preceding exception.

Exception 3. — Partners may agree that some one or all of them will not
carry on any business, other than that of the jaartnership, during the con-
tinuance of the partnership.

28. Every agreement, by which any party thereto is restricted
absolutely from enforcing his rights under or in respect of any
contract, by the usual legal proceedings in the ordinary tribunals,
or which limits the time within which he may thus enforce his rights,
is void to that extent.

Saving of con-
tr act to refer to
arbitration
dispute that
may arise.

Saving of
contract to
refer questions
that have
already arisen.

Agreements
void for
uncertainty.

Exception 1. — This section shall not render illegal a contract by which
two or more persons agree that any dispute which may arise between them
in respect of any subject or class of subjects shall be referred to arbitration,
and that only the amount awarded in such arbitration shall be recoverable
in respect of the dispute so referred.

Exception 2. — Nor shall this section render illegal any contract in writing,
by which two or more persons agree to refer to arbitration any question
between them which has already arisen, or affect any provision of any law
in force for the time being as to references to arbitration.

29. Agreements, the meaning of which is not certain, or capable
of being made certain, are void.

Illustbations.

(a) A agrees to sell to B " a hundred tons of oil." There is nothmg what-
ever to show what kind of oil was intended. The agreement is void for
uncertainty.

(b) A agrees to sell to B one hundred tons of oil of a specified description,
known as an article of commerce. There is no uncertainty here to make
the agreement void.

(c) A, who is a dealer in coconut-oil only, agrees to sell to B " one hundred
tons of oil." The natiire of A's trade affords an indication of the meaning
of the words, and A has entered into a contract for the sale of one hiindred
tons of coconut-oil.

(d) A agrees to sell to B " all the grain in my granary at Ipoh." There is no
uncertainty here to make the agreement void.

CONTRACT. 145

(e) A agrees to sell to B " one thousand gaiitangs of rice at a price to be
fixed by C." As the price is capable of being made certain, there is no
uncertainty hero to make the agreement void.

(/) A agrees to sell to B " my white horse for dollars five hundred or dollars
one thousand." There is nothing to show which of the two prices was to
be given. The agreement is void.

30. (i) Agreements by way of wager are void ; and no suit Agreements by
shall be brought for recovering anything alleged to be won on any youx^^ ^^*°"
wager, or entrusted to any person to abide the result of any game
or other uncertain event on which any Avager is made.

(ii) This section shall not be deemed to render unlawful a sub- Exception in
scription or contribution, or agreement to subscribe or contribute, fertTin prizes
made or entered into for or toward any plate, prize, or sum of for horse-racing.
money, of the value or amount of five hundred dollars or upwards,
to be awarded to the winner or winners of any horse-race.

(iii) Nothing in this section shall be deemed to legalize any
transaction connected with horse-racing forbidden bj^ any Enact-
ment in force for the time being.

Chapter III.
OF CONTINGENT CONTRACTS.

31. A " contingent contract" is a contract to do or not to do -continpent
something, if some event, collateral to such contract, does or does c""''"^'^' "
not happen.

detined.

Illustration.

A contracts to pay B $10,000 if B's house is burnt. This is a contingent
contract.

32. Contingent contracts to do or not to do anything if an Enforcement
uncertain future event happens cannot be enforced by law unless contSeen't^
and until that event has happened. ha*"eniL*"'^

If the event becomes impossible, such contracts become void.

Illustbations.

(a) A makes a contract with B to buy B's horse if A survives C. This
contract cannot be enforced by law vinless and imtil C dies in A's lifetime.

(b) A makes a contract with B to sell a horse to B at a specified price, if
C, to whom the horse has been offered, refuses to buy him. The contract
cannot be enforced by law miless and until C refuses to buy the horse.

33. Contingent contracts to do or not to do anything if an Enforcement
uncertain future event does not happen can be enforced when the contln/en't
happening of that event becomes impossible, and not before.

an event not
happening.

Illustration.

A agrees to pay B a svim of money if a certain ship does not return. The
shiji is sunk. The contract can be enforced when the ship sinks.

I— 10

146

CONTRACT.

When event on
which contract
is contiii^'cnt to
be dectncil
impossible, it
it is tlic future
pondiu't ol a
living person.

When contracts
become void
whicli are con-
tingent on
happenini,' of
Bpecilied event
within fixed
time.

When contracts
may be enforced
which are con-
tingent on
specified event
not happening
witliin fixed
time.

Agreement
contingent
on impossible
events void.

34. If the future event on which a contract is contingent is the
way in which a person will act at an unsjx'cided time, the event
shall be considered to become impossible wlien such person does
anything which renders it impossible that he should so act within
any definite time, or otherwise than under further contingencies.

Illustration.
A agrees to pay B a sum of money if B marries C.

C marries D. The marriage of B to C must now bo considered impossible,
although it is possible that D may die and that C may afterwards marry B.

35. (i) Contingent contracts to do or not to do anything if a
specified uncertain event happens within a fixed time become void
if, at the expiration of the time fixed, such event has not happened,
or if, before the time fixed, such event becomes impossible.

(ii) Contingent contracts to do or not to do anything if a specified
uncertain event does not happen within a fixed time may be enforced
by law when the time fixed has expired and such event has not
happened, or, before the time fixed has expired, if it becomes certain
that such event will not happen.

Illustrations.

(a) A promises to pay B a sum of money if a certain ship returns within
a year. The contract may be enforced if the ship retui-ns within the year ;
and becomes void if the ship is burnt within the year.

(6) A promises to pay B a sum of money if a certain ship does not return
within a year. The contract may be enforced if the ship does not return within
the year, or is burnt within the year.

36. Contingent agreements to do or not to do anything, if an
impossible event happens, are void, whether the impossibility of
the event is known or not to the parties to the agreement at the
time when it is made.

Illustrations.

(a) A agrees to pay B $1,000 if two straight lines should enclose a space.
The agreement is void.

(6) A agrees to pay B $1,000 if B will marry A's daughter C. C was dead
at the time of the agreement. The agreement is voicL

Obligation of
parties to
contracts.

Chapter IV.
OF THE PERFORMANCE OF CONTRACTS.

Contracts ivhich must be performed:

37. (i) The parties to a contract must either perform, or offer
to perform, their respective promises, unless such performance is
dispensed with .or excused under the provisions of this Enactment,
or of any other law.

(ii) Promises bind the representatives of the promisors in case
of the death of such promisors before performance, unless a contrary
intention appears from the contract.

CONTRACT. 147

Illustrations.

(a) A promises to deliver goods to B on a certain day on payinent of $1,000.
A dies before that day. A's represent ative.s are bound to deliver the goods
to B, and B is bound to pay the $1,000 to A's representatives.

(b) A promises to paint a picture for B by a certain day, at a certain price.
A dies before the day. The contract cannot be enforced either by A's repre-
sentatives or by B.

38. (i) Where a promisor has made an offer of performance to r.ffcrt of refusni
the promisee, and the offer has not been accepted, the promisor is o£ perfohrTa'!." .
not responsible for non-performance, nor does he thereby lose his

rights under the contract.

(ii) Every such offer must fulfil the following conditions : —

(a) It must be unconditional ;

(b) It must be made at a proper time and place, and under

such circumstances that the person to whom it is made
may have a reasonable opportunity of ascertaining that
the person by whom it is made is aJ)le and willing there
and then to do the whole of what he is bound by his
promise to do ;

the promisee must have a reasonable opportunity of
seeing that the thing offered is the thing which the
promisor is bound by his promise to deliver.

(iii) An offer to one of several joint promisees has the same legal
consequences as an offer to all of them.

Illtjsteation.

A contracts to deliver to B at his warehouse, on the 1st of March, 1S98,
100 bales of cotton of a particular quality. In order to make an offer of a
j)erformance with the effect stated in this section, A must bring the cotton
to B's warehouse, on the appointed day, under such circumstances that B
may have a reasonable opportmiity of satisfying himself that the thmg
offered is cotton of the quality contracted for, and that there are 100 bales.

39. When a party to a contract has refused to perform, or Effect of refusal
disabled himself from performing, his promise in its entirety, the perform promise
promisee may put an end to the contract, unless he has signified, wholly.

by words or conduct, his acquiescence in its continuance.

Illustrations.

(a) A, a singer, enters into a contract with B, the manager of a theatre,
to sing at his theatre two nights in every week during the next two months,
and B engages to pay her $100 for each night's performance. On the sixth
night A wilfully absents herself from the theatre. B is at liberty to put
an end to the contract.

(b) A, a singer, enters into a contract with B, the manager of a theatre,
to sing at his theatre two nights in every week during the next two months,
and B engages to pay her at the rate of $100 for each night. On the sixth
night A wilfully absents herself. With the assent of B, A sings on the seventh
night. B has signified his acquiescence in the continuance of the contract,
and cannot now put an end to its but is entitled to compensation for the
damage sustamed by him through A's failure to sing on the sixth night.

148

CONTRACT.

Person by
whom proniise
is to be per-
formed.

Bij tvhoin Contracts must be performed.

40. If it appears from the nature of the case that it was the
intention of the i)artics to any contract that any promise contained
in it should be ])erformed by the promisor himself, such promise
must be performed by the promisor. In other cases, the jiromisor
or his representativ^es may employ a competent person to perform it.

Effect of ac-
cepting per-
formance
from third
person.
Devolution
of joint
liabilities.

Any one of
joint pronnsors
may be com-
pelled to
perform.

iRach promisor
may compel
contribution.

Sharing of loss
by default in
contribution.

Illustrations.

(a) A promises to pay B a sum of money. A may perform this jiromise,
either by personally paying the money to B, or by causing it to be paid to
B by another ; and, if A dies before the time a])pointed for payment, his
representatives must perform the promise, or employ some j)roper person
to do so.

(b) A promises to paint a picture for B. A must perform this promise
personally.

41. When a promisee accepts performance of the promise from
a third person, he cannot afterwards enforce it against the promisor.

42. When two or more persons have made a joint promise, then,
unless a contrary intention appears by the contract, all such persons,
during their joint lives, and, after the death of any of them, his
representative jointly with the survivor or survivors, and, after
the death of the last survivor, the representatives of all jointly,
must fulfil the promise.

43. (i) When two or more persons make a joint promise, the
promisee may, in the absence of express agreement to the contrary,
compel any one or more of such joint promisors to perform the
whole of the promise.

(ii) Each of two or more joint promisors may compel every
other joint promisor to contribute equally with himself to the
performance of the promise, unless a contrary intention apjDears
from the contract.

(iii) If any one of two or more joint promisors makes default in
such contribution, the remaining joint promisors must bear the
loss arising from such default in equal shares.

Explanation. — Nothing in this section shall prevent a surety from recovering
from his principal payments made by the surety on behalf of the principal,
or entitle the principal to recover anything from the sui-ety on account of
payments inade by the principal.

Illustrations.

(a) A, B, and C jointly promise to pay D $3,000. D may compel either
A or B or C to pay him $3,000.

(6) A, B, and C jointly promise to pay D the sum of $3,000. C is com-
pelled to pay the whole. A is insolvent, but his assets are sufficient to pay
one-half of his debts. C is entitled to receive $500 from A's estate, and $1,250
from B.

(c)) A, B, and C are under a joint promise to pay D $3,000. C is unable
to pay anything, and A is compelled to pay the whole. A is entitled to receive
$1,500 from B.

(d) A, B, and C are under a joint promise to pay D $3,000, A and B being
only siu-eties for C. C fails to pay. A and B are compelled to pay the whole
sum. They are entitled to recover it from C.

CONTRACT.

149

44. Where two or more persons have made a joint promise, a Ertect of release
release of one of such joint promisors by the promisee does not promUr'"*^
discharge the other joint promisor or joint promisors ; neither

does it free the joint promisor so released from responsibility to
the other joint promisor or joint promisors.

45. When a person has made a promise to two or more persons Devolution o£
jointly, then, unless a contrary intention appears from the contract, J°'°* "ghts.
the right to claim performance rests, as between him and them,

with them during their joint lives, and, after the death of any of
them, with the representative of such deceased person jointly with
the survivor or survivors, and after the death of the last survivor,
with the representatives of all jointly.

Illustkation.

A, in consideration of $5,000 lent to him by B and C, ])romiscs B and C
jointly to repay them that siun with interest on a day sj)ecified. B dies.
The right to claim performance rests with B's representative jointly with
C during C's life, and after the death of C with the representatives of B and
C jointly.

Time and Place for Performance.

46. Where, by the contract, a promisor is to perform his promise Time for per-
without application by the promisee, and no time for performance ^ormance of

ii -J r ir 1-1- promise where

IS specined, the engagement must be performed withm a reasonable
time.

no application
is to be mafle
and no time is
specified.

Explanation. — The question " what is a reasonable time " is, in each par-
ticular case, a question of fact.

be made.

47. When a promise is to be performed on a certain day, and Time and place

the promisor has undertaken to perform it without application by oTjirom'i™^"'^'^

the promisee, the promisor may perform it at any time during the ^'leretimeis

usual hours of business on such day and at the place at which the application to
promise ought to be performed.

Illustration.

A promises to deliver goods at B's warehouse on the 1st of January. On
that day A brings the goods to B's warehouse, but after the usual hour for
closing it, and they are not received. A has not performed his promise.

48. When a promise is to be performed on a certain day, and Application for
the promisor has not undertaken to perform it Avithout application certaiTdarto"
by the promisee, it is the duty of the promisee to apply for per- be at proper
formance at a proper place and within the usual hours of business.

Explanation. — The question "what is a proper time and place" is, in
each particular case, a question of fact.

49. When a promise is to be performed without application by Place for per-
the promisee, and no place is fixed for the performance of it, it is prom'ise where
the duty of the promisor to apj)ly to the promisee to appoint a "°bemade'and
reasonable place for the performance of the promise, and to perform no place a^cd.
it at such place.

Illustration.

A undertakes to deliver a thousand gantangs of rice to B on a fixed day.
A must apply to B to appoint a reasonable place for the purpose of receiving
it, and must deliver it to him at such place.

150

CONTKACT.

Performance in
manner or at
time proscrilieJ
or sanctioned
by promisee.

Promisor not
bound to per-
form unless
reciprocal
promisee ready
and willing to
perform.

Order of per
formance of
reciprocal
promises.

Liability of
party prevent-
ing event on
which contract
is to take effect.

50. The performance of any promise may he made in any manner,
or at any time which the promisee prescribes or sanctions.

Illustrations.

(a) B owes A $2,000. A desires B to ])ay tlie amo\int to A's account
with C, a bunker. B, who also banks with C, orders the amount to bo trans-
ferred from his account to A's credit, and this is done by C. Afterwards,
and before A knows of the transfer, C fails. There lias been a good payment
by B.

(6) A and B are mutually indebted. A and B settle an account by setting
of? one item against another, and B pays A the balance foimd to be due
from him iipon such settlement. This amounts to a payment by A and B,
respectively, of the sums which they owed to each other.

(c) A owes B $2,000. B accepts some of A's goods in reduction of the
deist. The delivery of the goods operates as a part payment.

(d) A desires B, who owes him $100, to send him a note for $100 by post.
The debt is discharged as soon as B puts into the post a letter containing
the note duly addressed to A.

Performance of Reciprocal Promises.

51. When a contract consists of reciprocal promises to be simul-
taneously performed, no promisor need perform his promise unless
the promisee is ready and willing to perform his reciprocal promise.

Illustrations.

(a) A and B contract that A shall deliver goods to B to be paid for by
B on delivery.

A need not deliver the goods unless B is ready and willing to pay for the
goods on delivery.

B need not pay for the goods unless A is ready and willing to deliver them
on payment.

(b) A and B contract that A shall deliver goods to B at a price to be paid
by instalments, the first instalment to be paid on delivery.

A need not deliver luiless B is ready and willing to pay the first instalment
on delivery.

B need not pay the first instalment unless A is ready and willing to deliver
the goods on payment of the first instalment.

52. Where the order in which reciprocal promises are to be per-
formed is expressly fixed by the contract, they shall be performed in
that order ; and, where the order is not expressly fixed by the
contract, they shall be performed in that order which the nature
of the transaction requires.

Illttsthations.

(a) A and B contract that A shall build a house for B at a fixed price. A's
promise to build the house must be perfonned before B's promise to pay for it.

(b) A and B contract that A shall make over his stock-in-trade to B at
a fixed price, and B promises to give security for the payment of the money.
A's promise need not be perfonned until the seciu"ity is given, for the natiu'e
of the transaction requires that A should have security before he delivers up
his stock.

53. When a contract contains reciprocal promises, and one party
to the contract prevents the other from performing his promise, the
contract becomes voidable at the option of the party so prevented ;
and he is entitled to compensation from the other party for any loss
which he may sustain in consequence of the non-performance of the
contract.

CONTKACT. 151

Illustration.

A and B contract that B shall execute certain work for A for $1,000. B
is ready and willing to execute the work accordingly, but A prevents him
from doing so. The contract is voidable at the option of B ; and, if he elects
to rescind it, lie is entitled to recover from A compensation for any loss
which he has incurred by its non-performance.

54. When a contract consists of reciprocal promises, such that Effect of default
one of them cannot be performed, or that its performance cannot be *-^ to t'lat
claimed till the other has been performed, and the promisor of the s'houi.i be first
promise last mentioned fails to perform it, such promisor cannot J^ontracrcon"
claim the performance of the reciprocal promise, and must make si^tin^ of reoi-
compensation to the other party to the contract for any loss which '"^°"' p'"'""'^
such other party may sustain by the non-performance of the
contract.

Illustrations.

(a) A hires B's ship to take in and convey, from Klang to Singapore, a
cargo to be provided by A, B receiving a certain freight for its conveyance.
A does not provide any cargo for the ship. A cannot claim the performance
of B's promise, and must make compensation to B for the loss which B
sustains by the non-performance of the contract.

(6) A contracts with B to execute certain builders' work for a fixed price,
B supplying the scaffolding and timber necessary for the work. B refuses
to furnish any scaffolding or timber, and the work cannot be executed. A
need not execute the work, and B is bound to make compensation to A for
any loss caused to him by the non-performance of the contract.

(c) A contracts with B to deliver to him, at a specified price, certain mer-
chandise on board a ship which cannot arrive for a month, and B engages
to pay for the merchandise within a week from the date of the contract. B
does not pay within the week. A's promise to deliver need not be performed,
and B must make compensation.

(d) A promises B to sell him one hundred bales of merchandise, to be
delivered next day, and B promises A to pay for them v^athin a month. A does
not deliver according to his promise. B's promise to pay need not be per-
formed, and A must make compensation.

55. (i) When a party to a contract promises to do a certain Effect of failure
thing at or before a specified time, or certain things at or before fixedum™fu
specified times, and fails to do any such thing at or before the 'contract in

w'liicti Lime is

specified time, the contract, or so much of it as has not been per- essential.
formed, becomes voidable at the option of the promisee, if the
intention of the parties was that time should be of the essence of the
contract.

(ii) If it was not the intention of the parties that time should be Effect of such
of the essence of the contract, the contract does not become voidable ttmeTs not"
by the failure to do such thing at or before the specified time ; but essential.
the promisee is entitled to compensation from the promisor for any
loss occasioned to him by such failure.

(iii) If, in case of a contract voidable on account of the promisor's Effect of ac-
failure to perform his promise at the time agreed, the promisee performance
accepts performance of such promise at any time other than that ■^* ^^Jf,"^^^^'
agreed, the promisee cannot claim compensation for any loss a-roci upon.
occasioned by the non-performance of the promise at the time agreed,
unless, at the time of such acceptance, he gives notice to the promisor
of his intention to do so.

152

CONTRACT.

Agreement to
do impossible
act.

Contract to do
act afterwsrrls
becomiiif? im-
possible or
unlawful.

Compensation
for loss through
non-perform-
ance of act
known to bo
impossible or
unlawful.

56. (i) An agreement to do an act imiiossiblc in itself is void.

(ii) Subject to the provisions of any other law for the time being
in force in the State, a contract to do an act which, after the contract
is made, becomes impossible, or by reason of some event which the
promisor could not prevc^nt, unlawful, becomes void when the act
becomes impossible or unlawful,

(iii) Where one person has promised to do something which he
knew, or, Avith reasonable diligence, might have known, and which
the promisee did not know, to be impossible or unlawful, such
promisor must make compensation to such promisee for any loss
which such promisee sustains through the non-performance of the
promise.

Illustrations.

(a) A agrees with B to discover treasure by magic. The agreement is
void.

(b) A and B contract to marry each other. Before the time fixed for the
marriage, A goes mad. The contract becomes void.

(c) A contracts to marry B, being already married to C, and being forbidden
by the law to which lie is subject to practise polygamy. A must make com-
pensation to B for the loss caused to her by the non-performance of his promise.

(d) A contracts to take in cargo for B at a foreign port. A's Government
afterwards declares war against the country in which the port in situated.
The contract becomes void when war is declared.

(e) A contracts to act at a theatre for six months in consideration of a
sum paid in advance by B. On several accasions A is too ill to act. The
contract to act on those occasions becomes void.

Eeeiprocal
promise to do
things legal,
and also other
things illegal.

57. Where persons reciprocally promise, firstly, to do certain
things which are legal, and, secondly, under specified circumstances,
to do certain other things which are illegal, the first set of promises
is a contract, but the second is a void agreement.

Alternative
promise, one
branch being
illegal.

Application of
payment where
debt to be
discharged
is indicated.

Illustration.

A and B agree that A shall sell B a house for $10,000, but that, if B uses
it as a gambling hovise, he shall pay A $50,000 for it.

The first set of reciprocal promises, namely, to sell the hoase and to pay
$10,000 for it, is a contract.

The second set is for an unlawful object, namely, that B may use the house
as a gambling house, and is a void agreement.

58. In the case of an alternative promise, one branch of which
is legal and the other illegal, the legal branch alone can be enforced.

Illustration.

A and B agree that A shall pay B $1,000 for which B shall afterwards
deliver to A either rice or smuggled opium.

This is a valid contract to deliver rice, and a void agreement as to the
opium.

Appropriation of Payments.

59. Where a debtor, owing several distinct debts to one person,
makes a payment to him, either with express intimation, or under
circumstances implying that the payment is to be applied to the
discharge of some particular debt, the payment, if accepted, must be
applied accordingl3^

CONTRACT. 153

Ilt.ustuations.

(a) A owos B, amoiiK other debts, §1,000 upon a promissory noto, whioh
falls due on the 1st of Jiuio. Ho owos B no other debt of that amomit. On
tho 1st of June A pays to B $1,000. The payment is to bo applied to the
discharge of the promissory note.

(6) A owos to B, among other debts, the sum of $5(57. B writes to A and Application of
demands tho payment of tliis sum. A sends to B $5(J7. This payment is I|'ej'^["to"l,p '"^'^'^
to bo applied to the discharge of tho debt of which B had demanded payment. discharcred is

nob indicated.

60. Where the debtor has omitted to intimate, and there are
no other circumstances indicating to which debt tlie payment is to
be appHed, tlie creditor may apply it at his discretion to any lawful
debt actually due and payable to him froni the debtor, whether its
recovery is or is not barred by the law in force for the time being
as to the limitation of suits.

61. Where neither party makes any appropriation the payment Application of
shall be applied in discharge of the debts in order of tim(;, whether nefti"(fr"party'^^
they are or are not barred b}^ tlie law in force for the time being as appropriates.
to the limitation of suits. If the debts are of equal standing, the
payment shall be applied in discharge of each proportionably.

Contracts ivhich need not be Performed.

62. If the parties to a contract agree to substitute a new contract EtTect ot
for it, or to rescind or alter it, the original contract need not be ?iIL'ion and
performed. ^^0?°°'

Illustrations.

(a) A owes money to B under a contract. It is agreed between A, B, and
C that B shall henceforth accept C as his debtor, instead of A. The old debt
of A to B is at an end, and a new debt from C to B has been contracted.

(b) A owes B $10,000. A enters into an arrangement wifh B, and gives
B a mortgage of his (A's) estate for $5,000 in jjlace of the debt of $10^000.
This is a new contract and extinguishes the old.

(c) A owes B $1,000 under a contract. B owes C $1,000. B orders A
to credit C with $1,000 in his books, but C does not assent to the agreement.
B still owes C $1,000, and no new contract has been entered into.

63. Every promisee may dispense with or remit, wholly or in part, Promisee may
the performance of the promise made to him, or may extend the remirperfonn"'^
time for such performance, or may accept instead of it any satis- auce of promise.
faction which he thinks fit.

Illustrations.

(a) A promises to paint a pictvire for B. B afterwards forbids him to do
so. A is no longer boiuid to perform the promise.

(b) A owes B $5,000. A pays to B, and B accepts, in satisfaction of the
whole debt, $2,000 paid at the time and place at which the $5,000 were
payable. The whole debt is discharged.

(c) A owes B $5,000. C pays to B $1,000 and B accepts them, in satisfaction
of his claim on A. This payment is a discharge of the whole claim.

{d) A owes B, under a contract, a sum of money, the amount of which has
not been ascertained. A, without ascertaining the amount, gives to B, and
B, in satisfaction thereof, accepts the sum of $2,000. This is a discharge
of the whole deV)t, whatever may be its amoiuit.

(e) A owes B $2,000, and is also indebted to other creditors. A makes
an arrangement with his creditors, including B, to pay them a composition
of fifty cents in the dollar vipon their respective demands. Payment to B
of $1,000 is a discharge of B's demand.

154

CONTRACT.

Consequences
ot rescission
of voidable
contract.

Oblifration of
person who
lias received
advantaRG
under void
nirreement, or
contract that
becomes void.

Mode of com-
municating
or revokiiifj
rescission of
voidable con-
tract.
Effect of
neglect of
promisee to
afford promisor
reasonable
facilities for
performance.

64. When a person at whose option a contract is voidable rescinds
it, th(^ other jnirty thereto need not ]i('rform any promi.se therein
contained in which he is promisor. The party rescinding a voidable
contract shall, if he have received any benefit thereunder from
another party to such contract, restore such benefit, so far as may be,
to the person from whom it was received.

65. When an agreement is discovered to be void, or when a con-
tract becomes void, any person who has received any advantage
under such agreement or contract is bound to restore it, or to make
compensation for it, to the person from whom he received it.

Illustrations.

(o) A pays B $1,000 in consideration of B's promising to marry C, A's
daughter. C is dead at the time of the promise. The agreement is void,
but B must repay A the $1,000.

(6) A contracts with B to deliver to liim 250 gantangs of rice before the
1st of May. A delivers 130 gantangs only before that day, and none later.
B retains the 130 gantangs after the 1st of May. He is bovmd to pay A for
them.

(c) A, a singer, contracts with B, the manager of a theatre, to sing at his
theatre for two nights in every week diu-ing the next two months, and B
engages to pay her $100 for each night's performance. On the sixth night
A wilfully absents herself from the theatre, and B, in consequence, rescinds
the contract. B must pay A for the five nights on which she had sung.

(d) A contracts to sing for B at a concert for $1,000, which are paid in
advance. A is too ill to sing. A is not bound to make compensation to
B for the loss of the profits which B wovild have made if A had been able
to sing, but must refiind to B the $1,000 paid in advance.

66. The rescission of a voidable contract may be communicated
or revoked in the same manner, and subject to the same rules, as
apply to the communication or revocation of a proposal .

67. If any promisee neglects or refuses to afford the promisor
reasonable facilities for the performance of his promise, the promisor
is excused by such neglect or refusal as to any non-performance
caused thereby.

Illustration.

A contracts with B to repair B's ho vise.

B neglects or refuses to point out to A the places in which his house
requires repair.

A is excused for the non-performance of the contract if it is caused by such
neglect or refusal.

Claim for
necessaries
supplied to
person incap-
able of con-
tracting, or on
his account.

Chapter V.

OF CERTAIN RELATIONS RESEMBLING THOSE
CREATED BY CONTRACT.

68. If a person, incapable of entering into a contract, or anyone
whom he is legally bound to support, is supplied by another person
with necessaries suited to his condition in life, the person who has
furnished such supplies is entitled to be reimbursed from the property
of such incapable person.

Illustrations.

(a) A supplies B, a lunatic, with necessaries suitable to his condition in
life. A is entitled to be reimbiu'sed from B's property.

(6) A supplies the wife and children of B, a limatic, with necessaries
suitable to their condition in life. A is entitled to be reimbursed from B's
property.

CONTRACT. 155

69. A person who is intcn-ested in the payment of money which Reimbursement
another is bound by law to pay, and who therefore pays it, is entitled moncT^^lucby"'
to be reimbursed by the other. another, in

Iiaynieiit of

Illustration. ?^'''''' ''c is

B holds land in Porak, on a lease granted by A, the landowner. The
revonuo payable by A to the Government being in arrear, his land is advertised
for sale by the Government. Under the revenue law, the consequence of
such sale will be the anniilment of B's lease. B, to ])revent the sale and the
consequent annulment of his own lease, pays to the Government the sum due
from A. A is bound to make good to B the amoimt so paid.

70. Where a person lawfully does anything for another person, obii-ationof
or delivers anything to him, not intending to do so gratuitously, and bcMfft on?'"'
such other person enjoys the benefit tliereof, the latter is bound to gratuitous act.
make compensation to the former in respect of, or to restore, the

thing so done or delivered.

Illusteations.

(a) A, a tradesman, leaves goods at B's house by mistake. B treats the
goods as his own. He is boimd to pay A for them.

(b) A saves B's property from fire. A is not entitled to compensation from
B, if the circumstances show that he intended to act gratuitously.

71. A person who finds goods belonging to another, and takes Responsibility
them into his custody, is subject to the same responsibility as a goods!*'^"^
bailee.

72. A person to whom money has been paid, or anything delivered, Liability of
by mistake or under coercion, must repay or return it. mone" [s paid'"

ILLUSTBATIONS. E'lf^ymls-

(a) A and B jointly owe $100 to C. A alone pays the amotmt to C, and take or under
B, not knowing this fact, pays $100 over again to C. C is bound to repay "^oer*-''0"'
the amovint to B.

(b) A railway company refuses to deliver up certain goods to the consignee,
except upon the pajrment of an illegal charge for carriage. The consignee
pays the sum charged in order to obtain the goods. He is entitled to recover
so much of the charge as was illegally excessive.

Chapter VI.
OF THE CONSEQUENCES OF BREACH OF CONTRACT.

73. (i) When a contract has been broken, the party who suffers compensation
bj^ such breach is entitled to receive, from the party who has broken aama?e "caused
the contract, compensation for any loss or damage caused to him ^^,^^J^^^^''' "^
thereby, which naturally arose in the usual course of things from

such breach, or which the parties knew, when they made the con-
tract, to be likely to result from the breach of it.

(ii) Such compensation is not to be given for any remote and
indirect loss or damage sustained by reason of the breach.

(iii) When an obligation resembling those created by contract has compensation
been incurred and has not been discharged, any person injured by [,"4^^^^'°
the failure to discharge it is entitled to receive the same compensa- obiia;ation

-I I- 1 •<•! 11 J.J.JX roscmblinsj

tion from the party in default as if such person had contracted to those created
discharge it and had broken liis contract. '^ contrac .

Explanation. — In estimating the loss or damage arising from a breach
of contract, the means which existed of remedying the inconvenience caused
by the non-performance of the contract must be taken into account.

156 CONTRACT.

Illustrations.

(a) A contracts to soil and clMiv<^r HO gantangs of saltjictro to B, at a certain
price to bo paid on delivery. A breaks liis promise. B is entitled to receive
from A, by way of compensation, the sum, if any, by which the contract
])rice falls short of the ])rice for wl)ich B niif^ht have obtained 50 gantangs
of saltpetre of like quality at the time vhen tlie saltpetre onght to have boon
delivered.

(b) A hires B's ship to go to Tclok Anson, and there take on board, on the
1st of January, a cargo, which A is to provide, and to bring it to I'ort Dickson,
the freight to be paid when earned. B's ship does not go to Tclok Anson,
))ut A has opportunities of jirocin-ing snitable conveyance for the cargo
upon terms as advantageous as those on which he had chartered the ship.
A avails himself of tliose opportmiitics, but is jmt to trouble and ex])ense
in doing so. A is ontillcd to receive compensation from B in respect of such
trouble and expense.

(c) A contracts to buy of B, at a stated price, 50 gantangs of rice, no time
being fixed for delivery. A afterwards informs B that he will not accept the
rice if tendered to him. B is entitled to receive from A, by way of compensa-
tion, the amount, if any, by which the contract price exceeds that which B
can obtain for the rice at the time when A informs B that he will not accept it.

(d) A contracts to buy B's ship for $60,000, bvit breaks his promise. A
must pay to B, by way of compensation, the excess, if any, of the contract
price over the price which B can obtain for the ship at the time of the breach
of promise.

(e) A, the owner of a boat, contracts with B to take a cargo of tin to Singa-
pore, for sale at that place, starting on a specified day. The boat, owing to
some avoidable cause, does not start at the time appointed, whereby
the arrival of the cargo at Singapore is delayed beyond the time when
it would have arrived if the boat had sailed according to the contract.
After that date, and before the arrival of the cargo, the price of tin falls.
The measure of the compensation payable to B by A is the difference between
the price which B could have obtained for the cargo at Singapore, at the
time when it would have arrived if forwarded in due course, and its market
price at the time when it actually arrived.

(/) A contracts to repair B's house in a certain manner, and receives pay-
ment in advance. A repairs the house, but not according to contract. B
is entitled to recover from A the cost of making the repairs conform to the
contract.

(g) A contracts to let his ship to B for a year, from the 1st of January,
for a certain price. Freights rise, and, on the 1st of January, the hire ob-
tainable for the ship is higher than the contract price. A breaks his promise.
He must pay to B, by way of compensation, a siun equal to the difference
between the contract price and the price for which B could hire a similar
ship for a year on and from the 1st of January.

(h) A contracts to svipply B with a certain quantity of iron at a fixed price,
being a higher price than that for which A could prociu-e and deliver the iron.
B wrongfidly refuses to receive the iron. B must pay to A, by way of com-
pensation, the difference between the contract price of the iron and the sum
for which A could have obtained and delivered it.

(i) A delivers to B, a common carrier, a machine, to be conveyed, without
delay, to A's mill, informing B that his mill is stopped for want of the machine.
B imreasonably delays the delivery of the machine, and A, in consequence,
loses a profitable contract with the Government. A is entitled to receive
from B, by way of compensation, the average amovmt of profit which would
have been made by the working of the mill dvu'ing the time that delivery
of it was delayed, but not the loss sustained through the loss of the Govern-
ment contract.

(j) A, having contracted with B to supply B with 1,000 tons of iron at
$100 a ton, to be delivered at a stated time, contracts with C for the purchase
of 1,000 tons of iron at $80 a ton, telling C that he does so for the purpose
of performing his contract with B. C fails to perform his contract with A,
who cannot procvire other iron, and B, in consequence, rescinds the contract.
C must pay to A $20,000, being the profit which A would have made by the
performance of his contract with B.

CONTRACT. 157

(k) A contracts with B to make and deliver to B, by a fixed day, for a
specified price, a certain piece of niacliiiierj\ A does not deliver the jueoe
of machinery at the time specified, and, in consequence of this, B is obliged
to procure another at a higher price than that which he was to have paid
to A, and is prevented from j)orforming a contract which B had made
with a third person at the time of his contract with A (but which had not been
then communicated to A), and is compelled to make compensation for breach
of that contract. A must jsay to B, by way of compensation, the difference
between the contract price of the piece of machinery and the sum paid by
B for another, but not the sum paid by B to the third person by way of com-
pensation.

(I) A, a builder, contracts to erect and finish a house by the 1st of January,
in order that B may give possession of it at that time to C, to whom B has
contracted to let it. A is informed of the contract between B and C. A
builds the house so badly that, before the 1st of January, it falls down and
has to be rebviilt by B, who, in consequence, loses the rent which he was to
have received from C, and is obliged to make compensation to C for the breach
of his contract. A must make compensation to B for the cost of rebuilding
the house, for the rent lost, and for the compensation made to C.

(m) A sells certain merchandise to B, warranting it to be of a particular
quality, and B, in reliance upon this warranty, sells it to C with a similar
warranty. The goods prove to be not according to the warranty, and B
becomes liable to pay C a sum of money by way of compensation. B is entitled
to be reimbursed this sum by A.

(n) A contracts to pay a stun of money to B on a day specified. A does
not pay the money on that day. B, in consequence of not receiving the money
on that day, is vuiable to pay his debts and is totally ruined. A is not liable
to make good to B anything excejit the principal svun he contracted to pay,
together with interest up to the day of payment.

(o) A contracts to deliver 50 gantangs of saltpetre to B on the 1st of January,
at a certain price. B afterwards, before the 1st of January, contracts to
sell the saltpetre to C at a higher price than the market price of the 1st of
January. A breaks his promise. In estimating the compensation payable
by A to B, the market price of the 1st of January, and not the profit which
would have arisen to B from the sale to C, is to be taken into account.

(p) A contracts to sell and deliver 500 bales of cotton to B on a fixed day.
A knows nothmg of B's mode of conducting his business. A breaks his
promise, and B, having no cotton, is obliged to close his mill. A is not respon-
sible to B for the loss caused to B by the closing of the mill.

(q) A contracts to sell and deliver to B, on the 1st of January, certain
cloth which B intends to manufacture into caps of a particular kind, for which
there is no demand, except at that season. The cloth is not delivered till
after the appointed time, and too late to be used that year in making caps.
B is entitled to receive from A, by way of compensation, the difference be-
tween the contract price of the cloth and its market price at the time of
delivery, but not the profits which he expected to obtain by making caps,
nor the expenses \^hich he has been put to in making preparation for the
manufactui'e.

(r) A, a shipowner, contracts with B to convey him from Klang to Sydney
in A's ship, sailing on the 1st of January, and B pays to A, by way of deposit,
one-half of his passage-money. The ship does not sail on the 1st of January,
and B, after being, in consequence, detained in Klang for some time, and
thereby put to some expense, proceeds to Sydney in another vessel, and,
in consequence, arriving too late in Sydney, loses a sirni of money. A is liable
to repay to B his deposit, with interest, and the expense to which he is put
by his detention in Klang, and the excess, if any, of the passage-money paid
for the second ship over that agreed upon for the first, but not the siun of
money which B lost by arriving in Sydney too late.

74. When a contract has been broken, if a sum is named in the compensation
contract as the amount to be paid in case of such breach, or if the contra^ '°
contract contains any other stipulation by way of penalty, the party ''^ll^'^i^^f^^l^^
complaining of the breach is entitled, Avhether or not actual damage
or loss is proved to have been caused thereby, to receive from the

158

CONTRACT.

party who lias broken Iho contract reasonable compensation not
excec(liii<f the amount so named or, as the case may be, the penalty
stipulated for.

Explanation. — A stipulation for increa.seci interest from tlio date of de-
fault may bo a stipulation by way of penalty.

Exception. — When any person enters into any bail-l)ond, recognizance,
or other instrument of the same nature, or, under the provisions of any law,
or under the orders of the CJovernment of tlio State or tlie Federal Govern-
ment, f2;ivos any bond for the ])erformanco of any pul^lif: duty or act in which
the jjuhlic are interested, he sliall lie liable, upon l>reaeh of tlie condition of
any such instrument, to pay the whole sum mentioned therein.

Explanation. — A person who enters into a contract with Government
does not necessarily thereby undertake any public duty, or promise to do
an act in wliicli the public are interested.

Party right-
fully rescinil-
ing contract
entitled to
compensation.

Illustrations.

(a) A contracts with B to pay B §1,000, if he fails to pay B S500 on a given
day. A fails to pay B $500 on that day. B is entitled to recover from A
such compensation, not exceeding $1,000, as the Com-t considers reasonable.

(b) A contracts with B that, if A practises as a surgeon within Calcutta,
he will pay B $5,000. A practises as a surgeon in Calcutta. B is entitled
to such compenstaion, not exceeding $5,000, as tlie Covu-t considers reason-
able.

(c) A gives a recognizance binding him in a penalty of $500 to appear
in Court on a certain day. He forfeits his recognizance. He is liable to
pay the whole penalty.

(d) A gives B abend for the repayment of $1,000 with interest at 12 per cent,
at the end of six months, with a stiptilation that, in case of default, interest
shall be payable at the rate of 75 per cent, from the date of default. This
is a stipulation by way of penalty, and B is only entitled to recover from A
such compensation as the Court considers reasonable.

(e) A, who owes money to B, a inoney-lender, undertakes to repay him by
delivering to him 10 gantangs of grain on a certain date, and stipulates that,
in the event of his not delivering the stipulated amotmt by the stipulated
date, he shall be liable to deliver 20 gantangs. This is a stipulation by way
of penalty, and B is only entitled to reasonable compensation in case of breach. .

(/) A undertakes to repay B a loan of $1,000 by five equal monthly instal-
ments, with a stipulation that, in default of payment of any instalment, the
whole shall become due. This stipulation is not by way of penalty, and the
contract may be enforced according to its terms.

(g) A borrows $100 from B and gives him a bond for $200 payable by
five yearly instalments of $40, with a stipulation that, in default of jiayment
of any instalment, the whole shall become due. This is a stipulation by way
of penalty,

75. A person who rightly rescinds a contract is entitled to com-
pensation for any damage which he has sustained through the
non-fulfilment of the contract.

Illustration.

A, a singer, contracts with B, the manager of a theatre, to sing at his
theatre for two nights in every week during the next two months, and B
engages to pay her $100 for each night's performance. On the sixth night
A wilfully absents herself from the theatre, and B, in consequence, rescinds
the contract. B is entitled to claim compensation for the damage which he
has sustained through the non-fulfilment of the contract.

CONTRACT. 159

Chapter VII.
SALE OF GOODS.

When Property in Goods sold passes.

76. In this chapter the word "goods" means and inchides every "Goods "de-
kind of movable jn-operty. ''°®'^"

77. " Sale " is the exchange of property for a price. It involves "Saie'-deOned.
the transfer of the ownership of the thing sold from the seller to the

buyer.

78. (i) Sale is effected by offer and acceptance of ascertained Saie how-
goods for a price, * ^^^'^'

Or of a price for ascertained goods,

Together with payment of the price or delivery of the goods ; or
with tender, part-jDayment, earnest, or part-delivery ; or with an
agreement, express or implied, that the payment or delivery, or both,
shall be postponed.

(ii) Where there is a contract for the sale of ascertained goods,
the property in the goods sold passes to the buyer when the whole or
part of the price or when the earnest is paid, or when the whole or
part of the goods is delivered.

(iii) If the parties agree, expressly or by implication, that the
payment or deliverj^ or both, shall be postponed, the property passes
as soon as the proj)osal for sale is accepted.

Illustrations.

(a) B offers to buy A's horse for S500. A accepts B's offer, and delivers
the horse to B. The horse becomes B's property on dehvery.

(b) A sends goods to B, with the request that he will buy them at a stated
price if he approves of them, or I'eturn them if he does not approve of them.
B retains the goods and informs A that he approves of them. The goods
become B's when B retams them.

(c) B offers A for his horse $1,000, the horse to be delivered to B on a stated
day, and the price to be paid on another stated day. A accepts the offer.
The horse becomes B's as soon as the proposal is accepted.

(d) B offers A for his horse $1,000 on a month's credit. A accepts the offer.
The horse becomes B's as soon as the offer is accepted.

(e) B, on the 1st of January, offers to A for a quantity of rice $2,000 to
be paid on the 1st of March following, the rice not to be taken away till paid
for. A accepts the offer. The rice becomes B's as soon as the offer is accepted.

79. Where there is a contract for the sale of a thing which has Transfer of
yet to be ascertained, made, or finished, the ownership of the thing is ti7in?'sohi,°
not transferred to the buyer until it is ascertained, made, or finished, ^^'f^^^^i''^

taiued, made, ar

Illustration. finished.

B orders A, a barge-builder, to make him a barge. The price is not made
payable by instalments. While the barge is building, B pays to A monej'
from time to time on account of the price. The ownership of the barge
does not pass to B until it is finished.

80. Where, by a contract for the sale of goods, the seller is to do completion of
anything to them for the purpose of putting them into a state in ^^^1^?^.°, 4°e° '
wliich the buyer is to take them, the sale is not complete until such ^,';j.|^%|^t*e*'iP"*
thing has been done. which buyer is

to take them.

160

CONTRACT.

Completion of
sale of f,'ooils
wlieu seller lias
to ilo anytliiiif,'
tliereto in order
to ascertain
price.

Completion ol
sale when goods
are unascer-
tained at date
of contract.

Ascertainment
of troods by
subsequent
appropriation.

Ascertainment
of goods by
seller's selec-
tion.

Transfer of
ownership of
movable
property,
when sold
together with
immovable.

IXLUSTKATION.
A, a sliipbuildor, contracts to sell to B, for a stated price, a vessel which
is lying in A's yartl ; the vessel to be rigged and fitted for a voyage, and the
price to be paid on delivery. Under the contract, the property in the vessel
does not pass to B until the vessel has been rigged, fitted up, and delivered.

81. Where aiiytliiiii^ remains to be done to the goods hy the seller
for the purpose of ascertaining the amount of the j)rice, the sale is not
complete until this has been done.

Illustrations.

(a) A, the owner of a stock of bark, contracts to sell it to B, weigh and
deliver it at $100 per ton. B agrees to take and pay for it on a certain day.
Part is weighed and delivered to B ; the ownership of the residue is not trans-
ferred to B until it has been weighed pursuant to the contract.

(6) A contracts to sell a heap of clay to B at a certain price per ton. B is,
by the contract, to load the clay in his own carts, and to weigh each load
at a certain weighing machine, which his carts must pass on their way from
A's ground to B's place of deposit. Here, nothing more remains to be done
by the seller ; the sale is complete, and the ownership of the heap of clay
is transferred at once.

82. Where the goods are not ascertained at the time of making
the contract of sale, it is necessary to the completion of the sale that
the goods shall be ascertained.

Illustration.

A agrees to sell to B 20 tons of oil in A's cisterns. A's cisterns contain
more than 20 tons of oil. No portion of the oil has become the property of B.

83. Where the goods arc not ascertained at the time of making the
agreement for sale, but goods answering the description in the agree-
ment are subsequently appropriated by one party, for the purpose of
the agreement, and that appropriation is assented to by the other,
the goods have been ascertained, and the sale is complete.

Illustration.

A, having a quantity of sugar in bulk, more than sufficient to fill 20 hogs-
heads, contracts to sell B 20 hogsheads of it. After the contract, A fills
20 hogsheads with the sugar, and gives notice to B that the hogsheads are
ready, and requires him to take them away. B says he will take them
as soon as he can. By this appropriation by A, and assent by B, the sugar
becomes the property of B.

84. Where the goods are not ascertained at the time of making
the contract of sale, and by the terms of the contract the seller is to
do an act with reference to the goods which cannot be done until
they are appropriated to the buyer, the seller has a right to select
any goods answering to the contract, and by his doing so the goods
are ascertained.

Illustration.

B agrees with A to purchase of him, at a stated price to be paid on a fixed
day, 50 gantangs of rice out of a larger quantity in A's granary. It is agreed
that B shall send sacks for the rice, and that A shall put the rice into them.
B does so, and A puts 50 gantangs of rice into the sacks. The goods have
been ascertained.

85. Where an agreement is made for the sale of immovable and
movable property combined, the ownership of the movable property
does not pass before the transfer of the immovable property.

CONTRACT.

161

Illustration.

A agrees with B for the sale of a house and furniture. The ownership of
the furniture does not pass to B until the house is conveyed to B.

86. When goods have become the property of the buyer, he must Buyer to bear
bear anv loss arising from their destruction or iniurv. loss after ijooda

^ -> J J have becomo

his property.

Illustkations.

(a) B offers, and A accepts, §100 for a stack of firewood standing on A's
promises, the firewood to be allowed to remain on A's jjrcmises till a certain
day, and not to be taken away till jiaid for. Before payment, and while
the firewood is on A's premises, it is accidentally destroyed by fire. B must
bear the loss.

(h) A bids Sl,000 for a picture at a sale by auction. After the bid, it is
injiu-ed by an accident. If the accident happens before the hammer falls,
the loss falls on the seller ; if afterwards, on A.

87. When there is a contract for the sale of goods not yet in Transfer of
existence, the ownership of the goods may be transferred by acts poo"dTaKreed
done, after the goods are produced in pursuance of the contract, by tobesoM while
the seller, or by the buyer with the seller's assent.

Illustrations.

(a) A contracts to sell to B, for a stated price, all the indigo which shall
be produced at A's factory during the ensuing year. A, when the indigo
has been manufactured, gives B an acknowledgment that he holds the indigo
at his disposal. The ownership of the indigo vests in B from the date of
the acknowledgment.

(6) A, for a stated price, contracts that B may take and sell any crops that
shall be grown on A's land in succession to the crops then standing. Under
this contract B, with the assent of A, takes possession of some crops grown
in succession to the crops standing at the time of the contract. The owner-
ship of the crops, when taken possession of, vests in B.

(c) A, for a stated price, contracts that B may take and sell anj^ crops that
shall be grown on his land in succession to the crop then standing. Under
this contract, B applies to A for possession of some crops grown in succession
to the crops which were standing at the time of the contract. A refuses to
give possession. The ownership of the crops has not passed to B, though
A may commit a breach of contract in refusing to give possession.

88. A contract for the sale of goods to be delivered at a future contraot to scii
day is binding, though the goods are not in the possession of the ^"^i 'J<=''^""' •'*

a future day,

seller at the time of making the contract, and though, at that time, goods not in

-, o ' ' seller s posses-

he has no reasonable expectation of acquiring them otherwise than sion at date of
by purchase. contract.

Illustration.

A contracts, on the 1st of January, to sell B 50 shares in the Tanjong Pagar
Dock Company, to be delivered and paid for on the 1st of March of the same
year. A, at the time of making the contract, is not in possession of any shares.
The contract is valid.

89. Where the price of goods sold is not fixed by the contract of Determination

sale, the buyer is bound to pay the seller such a price as the Court Sxe"by°°'^

considers reasonable. contract.

Illustration.

B, living at Ipoh, orders of A, a coach-builder at Taiping, a carriage of a
particvilar description. Nothing is said by either as to the price. The order
having been executed, and the price being in dispute between the buyer
and the seller, the Court must decide what price it considers reasonable.

I— 11

162

CONTRACT.

Belivery how
made.

Effect of
delivery to
wharfinger or
carrier.

Effect of part
delivery.

Delivery.

90. Delivery of goods sold may be made by doing anything
which has the effect of })uttin^ them in the ])ossession of the buyer,
or of any j)erson authorized to liold them on his behalf.

Illustrations.

(a) A soils to B a horso, and causes or permits it to bo romovod from A's
stablos to B's. The removal to B's stable is a delivery.

(6) B, in England, orders 100 pikuls of tin from A, a merchant of Telok
Anson, and sends his own ship to Telok Anson for the tin. The putting the
tin on board the ship is a delivery to B.

(c) A sells to B certain specific goods which aro locked vip in a godown.
A gives B the key of the godown, in order that he may get the goods. This
is a delivery.

{d) A soils to B five specific casks of oil. The oil is in the warehouse of A. B
sells the five casks to C. A receives warehouse rent for them from C. This
amounts to a delivery of the oil to C, as it shows an assent on the part of A
to hold the goods as warehouseman of C.

(e) A sells to B 50 gantangs of rice in the possession of C, a warehouseman.
A gives B an order to C to transfer the rice to B, and C assents to such order,
and transfers the rice in his books to B. This is a delivery.

(/) A agrees to sell B five tons of oil at $1,000 per ton, to be paid for at
the time of delivery. A gives to C, a wharfinger, at whose wharf he had
twenty tons of the oil, an order to transfer five of them into the name of B.
C makes the transfer in his books, and gives A's clerk a notice of the transfer
for B. A's clerk takes the transfer notice to B, and offers to give it him
on payment of the price of the oil. B refuses to pay. There has been no
delivery to B, as B never assented to make C his agent to hold for him the
five tons selected by A.

91. A delivery to a wharfinger or carrier of the goods sold has
the same effect as a delivery to the buyer, but does not render the
buyer liable for the price of goods which do not reach him, unless
the delivery is so made as to enable him to hold the wharfinger or
carrier responsible for the safe custody or delivery of the goods.

Illustration.

B, at Kajang, orders of A, who lives at Kuala Lumpur, three casks of oil
to be sent to him by railway. A takes three casks of oil directed to B to the
railway station, and leaves them there without conforming to the rules
which must be complied with in order to render the Railway Administration
responsible for their safety. The goods do not reach B. There has not
been a sufficient delivery to charge B in a suit for the price.

92. A delivery of part of goods, in progress of the delivery of the
whole, has the same effect, for the purpose of passing the property
in such goods, as a delivery of the whole ; but a delivery of part
of the goods, with an intention of severing it from the whole, does
not operate as a delivery of the remainder.

Illustrations.

(a) A ship arrives in a harbour laden with a cargo consigned to A, the
buyer of the cargo. The captain begins to discharge it, and delivers over
part of the goods to A in progress of the delivery of the whole. This is a
delivery of the cargo to A for the purpose of passing the property in the cargo.

(6) A sells to B a stack of firewood, to be paid for by B on delivery. After
the sale, B applies for and obtains from A leave to take away some of the
firewood. This has not the legal effect of delivery of the whole.

(c) A sells 50 gantangs of rice to B. The rice remains in A's warehouse.
After the sale, B sells to C 10 gantangs of the rice, and A, at B's desire, sends
the 10 gantangs to C. This has not the legal effect of a delivery of the whole.

CONTRACT. 163

93. In the absence of any special promise, the seller of goods is SeUer not bound
not bound to deliver them until the buyer applies for delivery. bJij^wIppH^^"

. , , . 1 for delivery.

94. In the absence of any special promise as to dehvcry, goods piaceof
sold are to be delivered at the place at which they are at the time delivery.
of the sale ; and goods contracted to be sold are to be delivered

at the place at which they are at the time of the contract for sale,
or, if not then in existence, at the place at which they are produced.

Seller's Lien.

95. Unless a contrary intention appears by the contract, a seller seller's iien.
has a lien on sold goods as long as they remain in his possession for

the price or any part of it remains unpaid.

96. Where, by the contract, the payment is to be made at a Lien where
future day, but no time is fixed for the delivery of the goods, the be'^raTeata
seller has no lien, and the buyer is entitled to a present delivery of ^i^'JftTo'thuo
the goods without payment. But if the buyer becomes insolvent fixed for
before delivery of the goods, or if the time appointed for payment ^ '^^'^^'
arrives before the delivery of the goods, the seller may retain the

goods for the price.

Explanation. — A person is insolvent who has ceased to pay his debts "insolvency"
in the usual course of business, or who is incapable of paying them. defined.

Illustration.

A sells to B a quantity of sugar in A's warehouse. It is agreed that three
months' credit shall be given. B allows the sugar to remain in A's ware-
house. Before the expiry of the three months, B becomes insolvent. A
may retain the goods for the price.

97. Where, by the contract, the payment is to be made at a seUer'siien
future day, and the buyer allows the goods to remain in the posses- to'be^madrat'^
sion of the seller until that day, and does not then pay for them, future day, and

•^ ' . i. ./ buyer allows

the seller may retain the goods for the price. goods to remain

in seller's

Illustration.

A sells to B a quantity of sugar in A's warehouse. It is agreed that three
months' credit shall be given. B allows the sugar to remain in A's warehouse
till the expiry of the three months, and then does not pay for it. A may
retain the goods for the price.

98. A seller, in possession of goods sold, may retain them for seiier'siien

,1 . . '- , 1 1 J.1 11 I, against sub-

the price against any subsequent buyer, unless the seller nas sequent buyer.
recognized the title of the subsequent buyer.

Stojypage in Transit.

seller

99. A seller who has parted with the possession of the goods, ^^°^j^p°4
and has not received the whole price, may, if the buyer becomes transit,
insolvent, stop the goods while they are in transit to the buyer.

100. Goods are to be deemed in transit while they are in the when goods are

. Y f to be deemea m

possession of the carrier, or lodged at any place m the course oi transit.
transmission to the buyer, and are not yet come into the possession
of the buyer or any person on his behalf, otherwise than as being
in possession of the carrier, or as being so lodged.

164

CONTRACT.

Illustrations.

(a) B, living at Telok Anson, orders goods of A, at Kuala Lumpur, and
directs that they shnll l)e sent to Telok Anson. The goods aro sent to Klang,
and there delivered to C. a wharfinger, to bo forwarded to Telok Anson.
'J'ho goods, whilo they are in the possession of C, are in transit.

(b) B, at Oopeng, orders goods of A, at Ij)oh. A consigns and forwards
the goods to B at (Jojx'ng. On arrival there, they are taken to the warehouse
of B, and left there. B rc^fiLscs to receive them, and immediately afterwards
stops jiayment. The goods are in transit.

(c) li, who lives at Kuala Pilah, orders goods of A, at Scremban. A sends
them to Kuala Pilah by C, a cari'i(>r ajjpointed by B. The goods arrive
at Kuala Pilah and are jjlaced by C, at 13's retpiest, in C"s warehouse for B.
The goods are no longer in transit.

(d) B, a merchant of London, orders 100 jiikuls of tin of A, a merchant at
Telok Anson. B sends his own ship to Telok Anson for the tin. The transit
is at an end when the tin is delivered on board the ship.

(c) B, a merchant of London, orders 100 pikuls of tin of A, a merchant
at Telok Anson. B sends his own ahlp to Telok Anson for the tin. A delivers
the tin on board the ship, and takes bills of latliiig from the master, making
the tin deliverable to A's order or assigns. The tin arrives at London, but,
before coming into B's possession, B becomes insolvent. The tin has not
been paid for. A may stop the tin.

101. The seller's right of stoppage does not, except in the cases
hereinafter mentioned, cease on the buyer's reselling the goods
while in transit, and receiving the price, but continues until the
goods have been delivered to the second buyer, or to some person
on his behalf.

Cessation of 102. The right of stoppage ceases if the buyer, having obtained

right on ^ bill of lading or other document showing title to the goods, assigns

buyer of bill of it, while the goods arc in transit, to a second buyer, who is acting

'^'^'"°" in good faith, and who gives valuable consideration for them.

Illustrations.

(a) A sells and consigns certain goods to B, and sends him the bill of lading.
A being still impaid, B becomes insolvent, and, while the goods are in transit,
assigns the bill of lading for cash to C, who is not aware of his insolvency.
A cannot stop the goods in transit.

(6) A sells and consigns certain goods to B. A being still unpaid, B be-
comes insolvent, and, while the goods are still in transit, assigns the bill
of lading for cash to C, who knows that B is insolvent. The assignment not
being in good faith, A may still stop the goods in transit.

Continuance
of right of
Stoppage.

Stoppage where
bill of lading is
pledged to
secure specific
advance.

103. Where a bill of lading or other instrument of title to any
goods is assigned by the buyer of such goods by way of pledge, to
secure an advance made specifically ujion it, in good faith, the
seller cannot, except on payment or tender to the pledgee of the
advance so made, stop the goods in transit.

Illustrations.

(a) A sells and consigns goods to B of the value of $12,000. B assigns
the bill of lading for these goods to C, to secure a specific advance of $5,000
made to him upon the bill of lading by C. B becomes insolvent, being in-
debted to C to the amount of $9,000. A is not entitled to stop the goods
except on payment or tender to C of §5,000.

(b) A sells and consigns goods to B of the value of $12,000. B assigns
the bill of lading for these goods to C, to secure the svim of $5,000 due from
him to C, upon a general balance of accovuit. B becomes insolvent. A is
entitled to stop the goods in transit without payment or tender to C of the
$5,000.

CONTRACT. 165

104. The .seller may effect stopj^age in transit, either by taking stoppa-ehow
actual possession of the goods, or by giving notice of his claim to ^'^'^^'^'^•
the carrier or other depositary in whose possession they are.

105. Such notice may be given, either to the person who has Notice of
the immediate possession of the goods, or to the principal whose s«""f '» ^^i-vim.
servant has possession. In the latter case, the notice must be given

at such a time, and under such circumstances, that the principal,
by the exercise of reasonable diligence, may communicate it to his
servant in time to prevent a deliverj- to the buyer.

106. Stoppage in transit entitles the seller to hold the goods Right of seller
stopped until the price of the whole of the goods sold is paid. °" stoppage.

Illustration.

A sells to B 100 pikuls of tin ; GO pikuls having come into B's possession,
and 40 being still in transit, B becomes insolvent, and A, being still \inpaid,
stops the 40 pikuls in transit. A is entitled to hold the 40 pikuls until the
price of the 100 pikuls is paid.

Resale.

107. Where the buyer of goods fails to perform his part of the Resale on
contract, either by not taking the goods sold to him, or by not buyer's failure
paying for them, the seller, having a lien on the goods, or having
stopped them in transit, may, after giving notice to the buyer of

his intention to do so, resell them, after the lapse of a reasonable
time, and the buyer must bear any loss, but is not entitled to any
profit which may occur on such resale.

Title.

108. No seller can give to the buyer of goods better title to Title conveyed
those goods than he has himself, except in the following cases : — pooTs'to bu

Exception 1. — When any person is, by the consent of the owner, in posses-
sion of any goods, or of any bill of lading, dock-warrant, warehouse-keeper's
certificate, wharfinger's certificate, or warrant or order for delivery, or other
document showing title to goods, he may transfer the ownership of the goods
of which he is so in possession, or to which such dociUTionts relate, to any
other person, and give such person a good title thereto, notwithstanding
any instructions of the owner to the contrary : Provided that the buyer
acts in good faith, and under circvimstances which are not such as to raise
a reasonable presumption that the person in possession of the goods or
documents has no right to sell the goods.

Exception 2. — If one of several joint-owners of goods has the sole posses-
sion of them by the permission of the co-owners, the ownership of the goods
is transferred to any person who buys them of such joint-owner in good faith,
and under circumstances which are not such as to raise a reasonable presump-
tion that the person in possession of the goods has no right to sell them.

Exception 3. — When a person has obtained possession of goods imder
a contract voidable at the option of the other party thereto, the ownership
of the goods is transferred to a third person who, before the contract is rescinded,
buys them in good faith of the person in possession ; unless the circumstances
which render the contract voidable amounted to an offence committed by
the person in possession or those whom he represents.

In this case the original seller is entitled to compensation from the original
purchaser for any loss which the seller may have sustained by being prevented
from rescinding the contract.

Illustrations.
(a) A buys from B, in good faith, a cow which B had stolen from C. The
property in the cow is not transferred to A.

goods to buyer.

166

CONTRACT.

(6) A, a merchant, ontrvisls B, his apcnt, with a l>ill of Indinp; relating to
certain goods, and instructs B not to soil the goods for less tlian a certain
])rico, and not to give credit to D. B sells the goods to D for less than that
price, and gives 1) throe months' credit. The ])ropcrty in the goods passes
to D.

(c) A sells to B goods of which ho has the bill of lading, but the bill of lading
is made out for delivery of the goods to C, and it has not been endorsed
by C. The property is not transferred to B.

(d) A, by a misrepresentation not amoimting to cheating, induces B to
sell and deliver to him a horse. A sells the horse to C before B has rescinded
the contract. Tlie pro])erty in the horse is transferred to C ; and B is entitled
to comj)ensation from A for any loss whicli B has sustained by being jirevented
from rescinding the contract,

(e) A compels B by wrongful intimidation, or induces him by cheating
or forgery, to sell him a horse, and, before B rescinds the contract, sells the
horse to C. The property is not transferred to C.

Warranty.

109. If the buyer, or any person claiming under him, is, by
reason of the invalidity of the seller's title, deprived of the thing
sold, the seller is responsible to the buyer, or the person claiming
under him, for loss caused thereby, unless a contrary intention
appears by the contract.

110. An implied warranty of goodness or quality may be estab-
lished by the custom of any particular trade.

111. On the sale of provisions, there is an implied warranty that
they are sound.

112. On the sale of goods by sample, there is an implied warranty
that the bulk is equal in quality to the sample.

113. Where goods are sold as being of a certain denomination,
there is an implied warranty that they are such goods as are com-
mercially known by that denomination, although the buyer may
have bought them by sample, or after inspection of the bulk.

Explanation. — But if the contract specifically states that the goods,
though sold as of a certain denomination, are not warranted to be of that
denomination, there is no implied warranty.

Illustrations.

(a) A, at Taiping, sells to B twelve bags of " waste silk," then on its way
from Singapore to Taiping. There is an implied warranty by A that the
silk shall bo such as is known in the market \inder the denomination of " waste
silk."

(6) A buys, by sample and after having inspected the bulk, 100 bales of
" Fair Bengal " cotton. The cotton proves not to bo such as is known in
the market as " Fair Bengal " : there is a breach of warranty.

114. Where goods have been ordered for a specified purpose,
for which goods of the denomination mentioned in the order are
usually sold, there is an implied warranty by the seller that the goods
supplied are fit for that purpose.

Illustration.
B orders of A, a copper manufacturer, copper for sheathing a vessel. A,
on this order, supplies copper. There is an implied warranty that the copper
is fit for sheathing a vessel.

Warranty on 115. Upon the Sale of an article of a well-known ascertained kind,

sale of article cf.i • • tj • £ -j. ni. £ j.'i

well-known there IS no implied warranty of its fitness lor any particular purpose.

ascertained
kiacl.

Seller's
responsibility
for badness
of title.

Establishment
of implied
warranty of
goodness or
quality.
Warranty of
soundness
implied on sale
of provisions.
AVarranty of
bulk implied
on sale of goods
by sample.
Warranty
implied where
goods are sold
as being of a
certain
denomination.

Warranty
where goods
ordered for a
specified
purpose.

CONTRACT.

167

Illustkation.

B writes to A, the owner of a patent invention for cleaning cotton — " Send
me your patent cotton-cleaning machine to clean the cotton at my factory."
A sends the machine according to order. There is an implied warranty hy
A that it is the article known as A's patent cotton-cleaning machine, but
none that it is fit for the particular purpose of cleaning the cotton at B's
factory.

116. In the absence of fraud and of any express warranty of Seiier when not
quality, the seller of an article which answers a description under i^'J^t def'^t"'
which it was sold is not res2)onsible for a latent defect in it.

Illustration.

A sells to B a horse. It turns out that the horse had, at the time of the
sale, a defect of which A was unaware. A is not responsible for this.

117. Where a specific article, sold with a warranty, has been Buyer's right
delivered and accepted, and the warranty is broken, the sale is not wan-Mty*"*
thereby rendered voidable ; but the buyer is entitled to compensa-
tion from the seller for loss caused by the breach of warranty.

Illustration.

A sells and delivers to B a horse warcanted soiuid. The horse proves
to have been unsound at the time of sale. The sale is not thereby rendered
voidable, but B is entitled to compensation from A for loss caused by the
vmsoundness.

118. Where there has been a contract, Avith a warranty, for the Right of buyer
sale of goods which, at the time of the contract, were not ascertained
or not in existence, and the warranty is broken, the buj^er may :

Accept the goods or refuse to accept the goods when tendered ;

Or keep the goods for a time reasonably sufficient for examining
and trying them, and then refuse to accept them ; provided that,
during such time, he exercises no other act of ownership over them
than is necessary for the purpose of examination and trial.

In any case, the buyer is entitled to compensation from the seller
for any loss caused by the breach of warranty ; but, if he accepts the
goods and intends to claim compensation, he must give notice of his
intention to do so within a reasonable time after discovering the
breach of the warranty.

Illustrations .

(a) A agrees to sell and, without apjilication on B's part, deliver to B
200 bales of unascertained cotton by sample. Cotton not in accordance with
sample is delivered to B. B may return it if he has not kept it longer than
a reasonable time for the purpose of examination.

(b) B agrees to buy of A twenty-five sacks of flovir by sample. The flour
is delivei'ed to B, who pays the price. B, upon examination, finds it not
equal to sample ; B afterwards uses two sacks, and sells one. He cannot
now rescind the contract and recover the price, but he is entitled to compensa-
tion from A for any loss caused by the breach of warranty.

(c) B makes two pairs of shoes for A by A's order. When the shoes are
delivered, they do not fit A. A keeps both pairs for a day. He wears one pair
for a short time in the house, and takes a long walk out of doors in the other
pair. He may refuse to accept the first pair, but not the second. But he
may recover compensation for any Iops sustained by the defect of the second
pair.

on breach of
warranty iu
respect of
floods not
ascertained.

168

CONTRACT.

When buyer
may refuse to
tvc'cppt, if tjooils
)iot oriloipd are
sent witli goods
ordered.

ElTeofc of
\vroMt;ful
refusal to
accept.

llisht of seller
as to rescission,
on failure of
buyer to pay
price at time
iixed.

Sale and
transfer of
lots sold by
auction.

Effect of use
by selle,r, of
])retend€d
biddin.L^s to
raise price.

" Contract of
indemnity "
defined.

Bights of
Indemnity-
holder when
sued.

" Contract of
guarantee,"
" surety,"*
*' principal
debtor," and
" creditor."

Miscellaneoiis.

119. Wlipn the soUor sends to tlio buyer goods not ordered with
goods ordered, tlie buyer may refuse to accept any of the goods so
sent, if there is risk or trouble in separating the goods ordered from
the goods not ordered.

Illustration.
A orders of B specific art ielos of china. B sends these articles to A in a
liainppr, with otlior articles of cliiiia wliich had not been ordered. A may
refuse to accept any of the goods sent.

120. If a buyer wrongfully refuses to accept the goods sold to
him, this amounts to a breach of the contract of sale.

121. When goods sold have been delivered to the buyer, the
seller is not entitled to rescind the contract on the buyer's failing to
pay the })rice at the time fixed, unless it was stipulated by the
contract that he should be so entitled.

122. Where goods are sold by auction, there is a distinct and
separate sale of the goods in each lot, by which the ownership thereof
is transferred as each lot is knocked down.

123. If, at a sale by auction, the seller makes use of pretended
biddings to raise the price, the sale is voidable at the option of the
buyer.

Chapter VIII.
OF INDEMNITY AND GUARANTEE.

124. A contract by which one party promises to save the other
from loss caused to him by the conduct of the promisor himself, or by
the conduct of any other person, is called a " contract of indemnity."

Illustration.
A contracts to indemnify B against the consequences of any proceedings
which C may take against B in respect of a certain sum of $200. This is
a contract of indemnity.

125. The promisee in the contract of indemnity, acting within the
scope of his authority, is entitled to recover from the promisor —

(a) All damages which he may be compelled to pay in any suit
in respect of any matter to which the promise to indemnify applies ;

(h) All costs which he may be compelled to pay in any such suit
if, in bringing or defending it, he did not contravene the orders of
the promisor, and acted as it would have been prudent for him to
act in the absence of any contract of indemnity, or if the promisor
authorized him to bring or defend the suit ;

(c) All sums which he may have paid under the terms of any
compromise of any such suit, if the compromise was not contrary to
the orders of the promisor, and was one which it would have been
prudent for the promisee to make in the absence of any contract of
indemnity, or if the promisor authorized him to compromise the suit,

126. A " contract of guarantee " is a contract to perform the
promise, or discharge the liability, of a third person in case of his
default. The person who gives the guarantee is called the " surety " ;
the person in respect of whose default the guarantee is given is

CONTRACT. 169

called the " principal debtor," and the person to w honi the guarantee
is given is called the '" creditor." A guarantee may be either oral
or written.

127. Anything done, or any promise made, for the benefit of the consideration
principal debtor may be a sufficient consideration to the surety for ^*>r guarantee.
giving the guarantee.

Illustrations.

(a) B requests A to sell and deliver to him goods on credit. A agrees to
do so, provided C will guarantee the pajonent of the price of the goods.
C promises to guarantee the payment in consideration of A's promise to
deliver the goods. This is a sufficient consideration for C's promise.

{b) A sells and delivers goods to B. C afterwards requests A to forbear
to sue B for the debt for a yc^ar, and promises that, if he does so, C will pay
for them in default of ])ajnTient by B. A agrees to forbear as requested. This
is a sufficient consideration for C's promise.

(c) A sells and delivers goods to B. C afterwards, without consideration,
agrees to pay for them in default of B. The agreement is void.

128. The liability of the surety is co-extensive with that of the Surety's
principal debtor, unless it is otherwise provided by the contract. inability.

Illustration.

A guarantees to B the payment of a bill of exchange by C, the acceptor.
The bill is dishonoured by C. A is liable, not only for the amoimt of the bill,
but also for any interest and charges which may have become due on it.

129. A guarantee which extends to a series of transactions is "Continuing
called a " continuing guarantee.'* guarantee.

Illustrations.

(a) A, in consideration that B will employ C in collecting the rents of B's
estate, promises B to be responsible to the amoimt of So, 000, for the due
collection and payment by C of those rents. This is a continuing giiarantee.

(b) A guarantees payment to B, a tea-dealer, to the amount of $1,000,
for any tea he may from time to time supply to C. B supplies C with tea
to above the value of $1,000, and C pays B for it. Afterwards, B supplies
C with tea to the value of $2,000. C fails to pay. The guarantee given
by A was a continuing guarantee, and he is accordingly liable to B to the
extent of SI, 000.

(c) A guarantees payment to B of the jjrice of five sacks of flour to be
delivered by B to C and to be paid for in a month. B delivers five sacks
to C. C pays for them. Afterwards B delivers four sacks to C, which C
does not pay for. The guarantee given by A was not a continuing guarantee,
and accordingly he is not liable for the price of the four sacks.

130. A continuing guarantee may at one time be revoked by the Eevocation of
surety, as to future transactions, by notice to the creditor. ^uarlfnTe"!

Illustrations.

(a) A, in consideration of B's discovuiting, at A's request, bills of exchange
for C, guarantees to B, for twelve months, the due pa\T[Tient of all such bills
to the extent of 85,000. B discoimts bills for C to the extent of 82,000.
Afterwards, at the end of three months, A revokes the guarantee. This
revocation discharges A from all liability to B for any subsequent discount. .
But A is liable to B for the 82,000 on default of C.

(b) A guarantees to B, to the extent of $10,000, that C shall pay all the
bills that B shall draw upon him. B draws upon C. C accepts the bill. A
gives notice of revocation. C dishonours the bill at maturity. A is liable
upon his guarantee.

170

CONTRACT.

Revocation
of continuitie;
puaraiitec by
surety's death.

Liability ol two
persons,
primarily
liable, not
affectej by
arranpement
between them
that one shall
be surety on
other's default.

Discharge of
surety by
variance in
terms of
contract.

Discharge of
surety by
release or
discharge of
principal
debtor.

131. Tlio death of the surety operate.s, in the absence of any
contract to th(> contrary, as a revocation of a continuing guarantee,
so far as regards future transactions.

132. Where two persons contract with a third person to undertake
a certain liability, and also contract with each other that one of them
shall be liable only on the default of the other, the third person not
being a party to such contract, the liability of each of such two
persons to the third person under the first contract is not affected
by the existence of the second contract, although such third person
may have been aware of its existence.

Illustration,
A and B make a joint and several promissory note to C. A makes it,
in fact, as surety for B, and C knows this at the time when the note is made.
The fact that A, to the knowledge of C, made the note as surety for B, is
no answer to a suit by C against A upon the note.

133. Any variance, made without the surety's consent, in the
terms of the contract between the principal and the creditor, dis-
charges the surety as to transactions subsequent to the variance.

Illustrations.

(a) A becomes surety to C for B's conduct as a manager in C's bank. After-
wards, B and C contract, without A's consent, that B's salary shall be raised,
and that he shall become liable for one-fourth of the losses on overdrafts.
B allows a customer to overdraw, and the bank loses a smii of money.
A is discharged from his suretyship by the variance made without his
consent, and is not liable to make good this loss.

(b) A guarantees C against the misconduct of B in an office to which B
is appointed by C, and of which the duties are defined by an Enactment of
the State Council. By a subsequent Enactment, the natiu-e of the office
is materially altered. Afterwards, B misconducts himself. A is discharged
by the change from future liability under his guarantee, though the misconduct
of B is in respect of a duty not affected by the later Enactment.

(c) C agrees to appoint B as his clerk to sell goods at a yearly salary, vipon
A's becoming surety to C for B's duly accounting for moneys received by
him as such clerk. Afterwards, without A's knowledge or consent, C and B
agree that B should be paid by a commission on the goods sold by him and
not by a fixed salary. A is not liable for subsequent misconduct of B.

(d) A gives to C a continuing guarantee to the extent of $3,000 for any
oil supplied by C to B on credit. Afterwards, B becomes embarrassed, and,
without the knowledge of A, B and C contract that C shall continue to supply
B with oil for ready money, and that the payments shall be applied to the
then existing debts between B and C. A is not liable on his guarantee for
any goods supplied after this new arrangement.

(e) C contracts to lend B $5,000 on the 1st of March. A guarantees re-
payment. C pays the $5,000 to B on the 1st of January. A is discharged
from his liability, as the contract has been varied, inasmuch as C might
sue B for the money before the 1st of March.

134. The surety is discharged by any contract between the
creditor and the principal debtor, by which the principal debtor
is released,orby any act or omission of the creditor, the legal conse
quence of which is the discharge of the principal debtor.

Illustrations.
(a) A gives a guarantee to C for goods to be supplied by C to B. C supplies
goods to B, and afterwards B becomes embarrassed and contracts with his
creditors (including C) to assign to them his property in consideration of their
releasing him from their demands. Here B is released from his debt by the
contract with C, and A is discharged from his suretyship.

CONTRACT. 171

(6) A contracts with B to grow a crop of indigo on A's land and to deliver
it to B at a fixed rate, and C guarantees A's performance of this contract.
B diverts a stream of water which is necessary for irrigation of A's land,
and thereby prevents him from raising the indigo. C is no longer liable on
his guarantee.

(c) A contracts with B for a fixed price to build a house for B within a
stipulated time, B supjilying tlie necessary timber. C guarantees A's per-
formance of the contract. B omits to supply the timber. C is discharged
from his suretyship.

135. A contract between the creditor and the principal debtor, by Discharge of
which the creditor makes a composition with, or promises to give creditor'*^'*
time to, or not to sue, the principal debtor, discharges the surety, compounds

1,1 , i.j.v,j.i. with, gives time

unless the surety assents to such contract. to, orlgreesnot

136. Where a contract to give time to the principal debtor is made pai debtor.
by the creditor with a third person, and not with the principal ^"^®jJar"ed

debtor, the surety is not discharged. when agree-

ment made

Illustration. "'**' '^^J'"^ .

person to give
C, the holder of an overdue bill of exchange drawn by A as svirety for B, time to princi-
and accepted by B, contracts with M to give time to B. A is not discharged. ^^ ^ °'^'

137. Mere forbearance on the part of the creditor to sue the creditor's
principal debtor or to enforce any other remedy against him does not, to'^sue'doM
in the absence of any j^rovision in the guarantee to the contrary, not discharge
discharge the surety. ^'

Illustration.

B owes to C a debt guaranteed by A. The debt becomes payable. C does
not sue B for a year after the debt has become payable. A is not discharged
from his suretyshiji.

138. Where there are co-sureties, a release by the creditor of one Release of one
of them does not discharge the others ; neither does it free the surety uot^discharg?
so released from his responsibility to the other sureties. others.

139. If the creditor does any act which is inconsistent with the Discharge of
rights of the surety, or omits to do any act which his duty to the creditor's act
surety requires him to do. and the eventual remedy of the surety ?''on?i?s'°n
himself against the principal debtor is thereby impaired, the surety sutety-s even-
is discharged. tual remedy.

Illustrations.

(a) B contracts to build a ship for C for a given sum, to be paid by instal-
ments as the work reaches certain stages. A becomes surety to C for B's
due performance of the contract. C, without the knowledge of A, prepays
to B the last two instalments. A is discharged by this prepayment.

(b) C lends money to B on the security of a joint and several promissory
note made in C's favour by B, and by A as svu-ety for B, together with a bill
of sale of B's furniture, which gives power to C to sell the fiuniture, and apply
the proceeds in discharge of the note. Subsequently, C sells the furniture,
but, owing to his misconduct and wilful negligence, only a small price is realized.
A is discharged from liability on the note.

(c) A puts M as apprentice to B, and gives a guarantee to B for M's fidelity.
B promises on his part that he will, at least once a month, see M make up
the cash. B omits to see this done as promised, and M embezzles. A is
not liable to B on his guarantee.

140. Where a guaranteed debt has become due, or default of the Rights of surety
principal debtor to perform a guaranteed duty has taken place, the perFo^^nce.""^
surety, upon payment or performance of all that he is liable for, is

172

CONTRACT.

Surety's risrht
to boiielit of
rreilitor's
securities.

Guarantee
obtaiiieJ by
misrepresenta-
tion invalid.

Guarantee
obtained by
concealment
invalid.

Guarantee on
contract t.liat
creditor
shall not act
on it until
co-surety joins.

Implied
promise to
indemnify
su rety.

invested with all tlio iio;li(s wliich the civflitor liad af^ainst the
principal debtor.

141. A surety if^ entitled to the henefit of every security which
ilic cnHlitor has against the piineipal debtor at the time Avhen the
contract of suretyship is entered into, whether the surety knows of
the existence of such security or not ; and, if the creditor loses or,
without the consent of the surety, parts with such security, the surety
is discharged to the extent of the value of the security.

Illustrations.

(a) C advances to B, his tenant, .$2,000 on the guarantee of A. C has also
a further security for tlie .'S2,000 hy a niortpage of B's furniture. C cancels
the mortgage. B hecoiiies insolvent, and C sues A on liis guarant(!0. A
is discharged from liability to the amount of the value of tlie furniture.

(6) C, a creditor, whoso advance to B is secured by a decree, receives also
a guarantee for that advance from A. C afterwards takes B's goods in execu-
tion xinder the decree, and then, witliout the knowledge of A, withdraws
the execution. A is discharged.

(c) A, as surety for B, makes a bond jointly with B to C, to secure a loan
from C to B. Afterwards, C obtains from B a fvirther security for the same
debt. Subsequently, C gives up the further security. A is not discharged.

14.2. Any guarantee which has been obtained by means of mis-
representation made by the creditor, or wdth his knowledge and
assent, concerning a material part of the transaction, is invalid.

143. Any guarantee which the creditor has obtained by means of
keeping silence as to material circumstance is invalid.

Illustrations.

(a) A engages B as clerk to collect money for him. B fails to accoimt
for some of his receipts, and A in consequence calls upon him to furnish
security for his duly accounting. C gives his guarantee for B's duly accounting.
A does not acquaint C with B's previovis conduct. B afterwards makes
default. The guarantee is invalid.

(b) A guarantees to C payment for iron to be supplied by him to B to the
amount of 2,000 tons. B and C have privately agreed that B should pay
five dollars per ton beyond the market price, such excess to be applied in
liquidation of an old debt. This agreement is concealed from A. A is not
liable as a surety.

144. Where a person gives a guarantee ujjon a contract that the
creditor shall not act upon it until another person has joined in it as
co-surety, the guarantee is not valid if that other person does not
join.

145. In every contract of guarantee there is an implied promise by
the principal debtor to indemnify the surety ; and the surety is
entitled to recover from the principal debtor whatever sum he has
rightfully paid ixnder the guarantee, but no sums which he has paid
wrongfully.

Illustrations.

(a) B is indebted to C, and A is stirety for the debt. C demands payment
from A, and on his refusal sues him for the amoimt. A defends the suit,
having reasonable grounds for doing so, but is compelled to pay the amovuit
of the debt v/ith costs. He can recover from B the amoimt paid by him
for costs, as well as the principal debt.

(b) C lends B a sum of money, and A, at the request of B, accepts a bill
of exchange drawn by B upon A to secure the amount. C, the holder of the
bill, demands payment of it from A, and, on A's refusal to pay, sues hipa

CONTRACT.

173

upon the bill. A, not having reasonable grounds for so doing, defends the
suit, and has to pay the amount of the bill and costs. He can recover from
B tlio ainoiint of tlu> hill, but not the sum paid for costs, as there was no real
ground for defending the action.

(c) A guarantees to C, to the extent of S2,000, payment for rice to be
supplied by C to B. C supplies to B rice to a less amount than §2,000, but
obtains from A payment of the sum of S2,000 in respect of the rice supplied.
A cannot recover from B inore than the price of the rice actually supplied.

146. Where two or more persons are co-sureties for the same debt co-sureties
or duty, either jointly or severally, and wliether under the same or '.ontdbCte
diffei'ent contracts, and whether with or Avithout the knowledge of equally.
each other, the co-sureties, in the absence of any contract to the
contrary, are liable, as between themselves, to pay each an eqtxal
share of the whole debt, or of that part of it which remains unpaid
by the principal debtor.

Illustrations.

(a) A, B, and C are sm-eties to D for the sum of S3,000 lent to E. E makes
default in payment. A, B, and C are liable, as between themselves, to pay
SI, 000 each.

(b) A, B, and C are sureties to D for the siun of SI, 000 lent to E, and there
is a contract between A, B, and C that A is to be responsible to the extent
of one-quarter, B to the extent of one-quarter, and C to the extent of one-half.
E luakes default in pajTuent. As between the sureties, A is liable to jjay
§250, B S250, and C §500

147. Co-sureties who are bound in different sums are liable to pay
equally as far as the limits of their respective obligations permit.

Illustrations.

(a) A, B, and C, as sureties for D, enter into three several bonds, each in
a different iienalty— namely, A in the penalty of §10,000, B in that of §20,000,
C in that of S40,000, conditioned for D's dvily accounting to E. D makes
default to the extent of §30,000. A, B, and C are each liable to pay S10,000.

(b) A, B, and C, as sureties for D, enter into three several bonds, each in
a different penalty— namely, A in the penalty of §10,000, B in that of §20,000,
C in that of §40,000, conditioned for D's duly accovuiting to E. D makes
default to the extent of §40,000. A is liable to pay §10,000, and B and
C §15,000.

(c) A, B, and C, as sm-eties for D, enter into three several bonds, each in
a different penalty— namely, A in the penalty of §10,000, B in that of §20,000,
C in that of §40,000, conditioned for D's duly accoimting to E. D makes
default to the extent of §70,000. A, B, and C have to pay each the full penalty
of his bond.

Liability of
co-sureties
bound in
different sums.

Chapter IX.

OF BAILMENT.

148. A " bailment " is the delivery of goods by one person to
another for some purpose, upon a contract that they shall, when the
purpose is accomplished, be returned or otherAAise disjjosed of
according to the directions of the person delivering them. The
person delivering the goods is called the " bailor." The person to
whom they are delivered is called the " bailee.'

Explanation. — If a person already in possession of the goods of another
contracts to hold them as a bailee, he thereby becomes the bailee, and the
owner becomes the bailor, of such goods, although they may not have been
delivered by way of bailment.

" Bailment,"
" bailor," and
" bailee,"
defined.

174

CONTRACT.

Delivery to

bailee how
made.

Bailor's duty
to disclose
faults in
goods bailed.

149. The delivery to the bailee may be made by doing anything
which has the effect of putting the goods in the possession of the
intended bailee or of any person authorized to hold them on his
behalf.

150. The bailor is bound to disclose to the bailee faults in the
goods bailed, of which the bailor is aware, and which materially
interfere with the use of them, or expose the bailee to extraordinary
risks ; and, if he does not make such disclosure, he is resj^onsible
for damage arising to the bailee directly from such faults.

If the goods are bailed for hire, the bailor is responsible for such
damage, whether he was or was not aware of the existence of such
faults in the goods bailed.

Illustrations.

(a) A lends a horse, which he knows to be vicious, to B. He does not
disclose the fact that the horse is viciovis. The horse runs away. B is thrown
and injured. A is responsible to B for damage sustained.

(b) A hires a carriage of B. The carriage is unsafe, though B is not aware
of it, and A is injured. B is responsible to A for the injury.

Care to be taken 151. In all cases of bailment the bailee is bound to take as much
by bailee. gj^j-g Qf ^^}^g goods bailed to him as a man of ordinary prudence would,

under similar circumstances, take of his own goods of the same bulk,

quality, and value as the goods bailed.

152. The bailee, in the absence of any special contract, is not
responsible for the loss, destruction, or deterioration of the thing
bailed, if he has taken the amount of care of it described in section
151.

153. A contract of bailment is voidable at the option of the bailor,
if the bailee does any act with regard to the goods bailed, inconsistent
with the conditions of the bailment.

Illusteation.

A lets to B, for hire, a horse for his own riding. B drives the horse in his
carriage. This is, at the option of A, a termination of the bailment.

154. If the bailee makes any use of the goods bailed, which is not
according to the conditions of the bailment, he is liable to make
compensation to the bailor for any damage arising to the goods from
or during such use of them.

Illustrations.

(a) A lends a horse to B for his own riding only. B allows C, a member
of his family, to ride the horse. C rides with care, but the horse accidentally
falls and is injured. B is liable to make compensation to A for the injury
done to the horse.

(6) A hires a horse in Taiping from B expressly to march to Kuala Kangsar.
A rides with due care, but marches to Parit Buntar instead. The horse
accidentally falls and is injured. A is liable to make compensation to B
for the injiu-y to the horse.

Effect of 155. If the bailee, with the consent of the bailor, mixes the goods

ranor'Tcwi'sent, oi the bailor with his own goods, the bailor and the bailee shall have
with binee^s ^^ interest, in proportion to their respective shares, in the mixture
thus produced.

Bailee when
not liable for
loss, etc., of
thing bailed.

Termination
of bailment
by bailee's
act inconsistent
with conditions.

Liability of
bailee making
unauthorized
use of goods
bailed.

Contract. 175

156. If the bailee, without the consent of the bailor, mixes the Kffectof
goods of the bailor with his own goods, and the goods can be wiufout'baiior-a
separated or divided, the property in the goods remains in the fjonsent when
parties respectively ; but the bailee is bound to bear the expense be separated.
of separation or division, and any damage arising from the mixture.

Illustration.

A bails 100 bales of cotton marked with a particular mark to B. B, without
A's consent, mixes the 100 bales with other bales of his own, bearing a different
mark : A is entitled to have his 100 bales returned, and B is bound to bear
all the expenses incurred in the separation of the bales, and any other incidental
damage.

157. If the bailee, without the consent of the bailor, mixes the Eitectof
goods of the bailor with his own goods, in such a manner that it is wi'tifoutbaiior's
impossible to separate the goods bailed from the other goods and consent, when
deliver them back, the bailor is entitled to be compensated by the cannot be
bailee for the loss of the goods. separated.

Illustration.

A bails a barrel of Cape floiu*, worth $45, to B. B, without A's consent,
mixes the flour with country flour of his own, wortli only $25 a barrel. B
must compensate A for the loss of his flour.

158. Where, by the conditions of the bailment, the goods are to be Repayment
kept or to be carried, or to have work done upon them by the bailee necessary °^
for the bailor, and the bailee is to receive no remuneration, the bailor expenses.
shall repay to the bailee the necessary expenses incurred by him for

the purpose of the bailment.

159. The lender of a thing for use may at any time require its Restoration of
return, if the loan was gratuitous, even though he lent it for a speci- fratliitousiy.
fied time or purpose. But if, on the faith of such loan made for a
specified time or purpose, the borrower has acted in such a manner

that the return of the thing lent before the time agreed upon would
cause him loss exceeding the benefit actually derived by him from
the loan, the lender must, if he compels the return, indemnify the
borrower for the amount in which the loss so occasioned exceeds the
benefit so derived,

160. It is the duty of the bailee to return, or deliver according to Return of goods
the bailor's directions, the goods bailed, without demand, as soon as erpkltion of
the time for which they were bailed has expired, or the purpose for time or
which they were bailed has been accomplished. of purpose.

161. If, by the fault of the bailee, the goods are not returned, Baiiee-s
delivered, or tendered at the proper time, he is responsible to the wheu'goods^
bailor for any loss, destruction, or deterioration of the goods from retM°ed^"'^
that time.

162. A gratuitous bailment is terminated by the death either of Termination
the bailor or of the bailee. bai^ent Cy^

163. In the absence of any contract to the contrary, the bailee is Bailor entitled
bound to deliver to the bailor, or according to his directions, any prjerfr^m"'
increase or profit which may have accrued from the goods bailed. goods bailed.

Illustration.
A leaves a cow in the custody of B to be taken care of. The cow has a
calf. B is bound to deliver the calf as well as the cow to A.

176

CONTRACT.

Bailor's
responsibility
to bailee.

Bailment by-
several joint
owners.

Bailee not
responsible on
re-delivery to
bailor without
title.

Risht of third
person claiming
L'oods bailed.

Right of finder
of goods ;

may sue for
specific reward
offered.

When finder of
thing commonly
on sale may
sell it.

Bailee's
particular lieni

164. The bailor is responsible to the bailee for any loss which
the bailee may sustain by reason that the bailor was not entitled to
make the bailment, or to receive back the goods, or to give direc-
tions respecting them.

165. If several joint owners of goods bail them, the bailee may
deliver them back to, or according to the directions of, one joint
owner without tlie consent of all, in the absence of any agreement to
the contrary.

166. If the bailor has no title to the goods, and the bailee, in good
faith, delivers them back to, or according to the directions of,
the bailor, the bailee is not responsible to the owner in respect of such
delivery.

167. If a person, other than the bailor, claims goods bailed, he
may apply to the Court to stop the delivery of the goods to the bailor,
and to decide the title to the goods.

168. The finder of goods has no right to sue the owner for com-
pensation for trouble and expense voluntarily incurred by him to
preserve the goods and to lind out the owner ; but he may retain the
goods against the owner until he receives such compensation ; and,
where the owner has offered a specific reward for the return of goods
lost, the finder may sue for such re\\'ard, and may retain the goods
until he receives it.

169. When a tiling which is commonly the subject of sale is lost,
if the owner cannot with reasonable diligence be found, or if he
refuses, upon demand, to pay the lawful charges of the finder, the
finder may sell it — ■

(a) When the thing is in danger of perishing or of losing the greater
part of its value ; or,

(b) When the lawful charges of the finder, in respect of the thing
found, amount to two -thirds of its value.

170. Where the bailee has, in accordance with the purpose of the
bailment, rendered any service involving the exercise of labour or
skill in respect of the goods bailed, he has, in the absence of a con-
tract to the contrary, a right to retain such goods until he receives
due remuneration for the services he has rendered in respect of them.

General lien of
bankers, factors,
wharfingers,
solicitors, and
policy-brokers.

Illusteations.

(a) A delivers a rough diamond to B, a jeweller, to be cut and polished,
which is accordingly done. B is entitled to retain the stone till he is paid
for the services he has rendered.

(b) A gives cloth to B, a tailor, to make into a coat. B promises A to
deliver the coat as soon as it is finished, and to give a three months' credit
for the price. B is not entitled to retain the coat until he is paid.

171. Bankers, factors, wharfingers, solicitors, and policy-brokers
may, in the absence of a contract to the contrary, retain, as a
security for a general balance of account, any goods bailed to them ;
but no other persons have a right to retain, as a security for such
balance, goods bailed to them, unless there is an express contract
to that effect.

CONTRACT. 177

Bailments of Pledges.

172. The bailment of goods as security for payment of a debt or " ricdtje,"
performance of a promise is called " pledge." The bailor is in this aifcf ""p°awnee ■•
case called the " pawnor." The bailee is called the " pawnee." defined.

173. The pa^^^lee may retain the goods pledged, not only for Pawnee-s right
payment of the debt or the performance of the promise, but for °^ "■'^'•""er.
the interest of the debt, and all necessary expenses incurred by

him in respect of the possession or for the preservation of the goods
pledged.

174. The pawnee shall not, in the absence of a contract to that Pawnee not to
effect, retain the goods pledged for any debt or promise other than or'i!romUe''ot^hcr
the debt or promise for which they are pledged ; but such contract, ti'^.n tiiat for
in the absence of anything to the contrary, shall be presumed in pledged.
regard to subsequent advances made by the pawnee. kT^'se'of'"'*

175. The pa\\Tiee is entitled to receive from the pawnor extra- adv^M^es?*
ordinary expenses incurred by him for the preservation of the Pawnee's right

] "i J ^ 1 '' as to extra-

goods pledged. ordinary ex-

176. If the pawnor makes default in payment of the debt, or Pawnee's rl^^ht '
performance, at the stipulated time, of the promise in respect of makes defa'uit.
which the goods were pledged, the pawnee may bring a suit against

the pawnor upon the debt or promise, and retain the goods pledged
as a collateral security ; or he may sell the thing pledged, on giving
the pawnor reasonable notice of the sale.

If the proceeds of such sale are less than the amount due in
respect of the debt or promise, the pawnor is still liable to pay the
balance. If the proceeds of the sale are greater than the amount
so due, the pawnee shall pay over the surplus to the pawTior.

177. If a time is stipulated for the payment of the debt, or Defaulting
performance of the promise, for which the pledge is made, and the ^ redeem?"^'^
pawnor makes default in payment of the debt or performance of

the promise at the stipulated time, he may redeem the goods
pledged at any subsequent time before the actual sale of them ;
but he must, in that case, pay, in addition, any expenses which
have arisen from his default.

178. A person who is in possession of any goods, or of any bill Pledge by
of lading, dock-warrant, warehouse-keeper's certificate, wharfinger's gooTsTorof
certificate, or warrant or order for delivery, or any other docu- ^j^J^^'^^^^j^
ment of title to goods, may make a valid pledge of such goods or
documents : provided that the j^awnee acts in good faith, and

under circumstances which are not such as to raise a reasonable
presumption that the pawnor is acting improperly :

Provided also that such goods or documents have not been
obtained from their lawful owner, or from any person in lawful
custody of them, by means of an offence or fraud.

179. Where a person pledges goods in which he has only a limited pledge where
interest, the pledge is valid to the extent of that interest. alhnued '^^ °° ^

interest.

Suits by Bailees or Bailors against Wrong-doers.

180. If a third person wrongfully deprives the bailee of the use suit by bailor
or possession of the goods bailed, or does them any injury, the ""rong-d^oer"^

1—12

178

CONTRACT.

Apportionment
of relief or
oonipensat ion
obtiiinoil l)y
Eueh suits.

bailee is entitled to use such remedies as tlu^ owner might have
used in the like case if no liailinent had been made ; and either
the bailor or the baik^e may bring a suit against a third person for
such de|)rivation or injury.

181. Whatever is obtained by way of rtdicf or compensation in
any such suit shall, as between the bailor and the bailee, be dealt
with according to their respective interests.

" Ajjcnfc" and
" jiriiiciiial "
delined.

Who may
employ agent.

Who may be
an agent.

Consideration
not necessary.
Agent's
autliority may
be expressed
or implied.
Definitions of
express and
implied
authority.

Chapter X.

AGENCY.

Aj^pointment and Aidhority of Agents.

182. An " agent " is a person employed to do any act for another
or to represent another in dealings with tliird persons. The person
for whom such act is done, or who is so represented, is called the
" principal."

183. Any person who is of the age of majority according to the
law to which he is subject, and who is of sound mind, may employ
an agent.

184. As between the principal and third persons, any person
may become an agent ; but no person who is not of the age of
majority and of sound mind can become an agent, so as to be
responsible to his principal according to the provisions in that
behalf herein contained.

185. No consideration is necessary to create an agency.

186. The authority of an agent may be expressed or implied.

187. An authority is said to be express when it is given by words
spoken or written. An authority is said to be implied when it is
to be inferred from the circumstances of the case ; and things
spoken or written, or the ordinary course of dealing, may be
accounted circumstances of the case.

Extent of

agent's
authority.

Illustration.
A owns a shop in Kajang, living himself in Kuala Lnmpur, and visiting
the shop occasionally. The shop is managed by B, and he is in the habit
of ordering goods from C in the name of A for the purpose of the shop, and
of paying for them ovit of A's funds with A's knowledge. B has an implied
authority from A to order goods from C in the name of A for the purposes
of the shop.

188. An agent having an authority to do an act has authority
to do every lawful thing which is necessary in order to do such act.

An agent having an authority to carry on a business has authority
to do every lawful thing necessary for the purpose, or usually done
in the course of conducting such business.

Illustrations.

(a) A is employed by B, residing in London, to recover at Telbk Anson
a debt due to B. A may adoj^t any legal process necessary for the purpose
of recovering the debt, and may give a valid discharge for the same.

(6) A constitutes B his agent to carry on his business of a shipbuilder.
B may purchase timber and other materials, and hire workmen, for the purpose
of carrying on the business.

caiinob
delesate.

CONTRACT. 179

189. An agent has authority, in an emergency, to do all such Agent's
acts for the purpose of protecting liis principal from loss as would emergency." *°
be done by a person of ordinary prudence, in his own case, under

similar circumstances.

Illustrations.

(a) An agent for sale may have goods repaired if it be necessary.

(b) A consigns provisions to B at Taiping, willi directions to send them
immediately to C at Parit Buntar. B may sell the provisions at Taiping, if
they will not bear the joui'ney to Parit Buntar without spoiling.

Sub-Age7its.

190. An agent cannot lawfully employ another to perform acts when agent
which he has expressly or impliedly undertaken to perform per-
sonally, iniiess by the ordinary custom of trade a sub-agent may,
or, from the nature of the agency, a sub-agent must, be employed.

191. A '■ sub-agent " is a person employed by, and acting under "Sub-agent"
the control of, the original agent in the business of the agency. defined.

192. Where a sub-agent is properly appointed, the principal is Representation
so far as regards third persons, represented by the sub-agent, and oub.a"ent*"^^
is bound by and responsible for his acts, as if he were an agent properly
originally appointed by the princij)al. apyom

The agent is responsible to the principal for the acts of the Agent's

«!nh no-pnf • responsibility

bUU-agent . for sub -agent.

The sub-agent is responsible for his acts to the agent, but not sub-agent's
to the principal, except in case of fraud or wilful wrong. responsibi ity.

193. Where an agent, without having authority to do so, has Agent's
appointed a person to act as a sub-agent, the agent stands towards for^su'Jf^ient
such person in the relation of a principal to an agent, and is appointed
responsible for his acts both to the principal and to third persons ; autilority.
the principal is not represented by or responsible for the acts of the

person so employed, nor is that person responsible to the principal.

194. Where an agent, holding an express or implied authority Relation

to name another person to act for the principal in the business of "^^^i^^.^^'^i and
the agency, has named another person accordingly, such person is person duly
not a sub-agent, but an agent of the principal for such part of the agent'to^act'^
business of the agency as is entrusted to him. ^" business of

o -^ agency.

Illustrations.

(a) A directs B, his solicitor, to sell his estate by auction, and to employ
an auctioneer for the purpose. B names C, an auctioneer, to conduct the
sale. C is not a sub-agent, but is A's agent for the conduct of the sale.

(b) A authorizes B, a merchant in Taiping, to recover the moneys due to
A from C & Co. B instructs D, a solicitor, to take legal proceedings against
C & Co. for the recovery of the money. D is not a sub-agent, but is solicitor
for A.

195. In selecting such agent for his principal, an agent is bound Agent's duty
to exercise the same amount of discretion as a man of ordinary suc^*™e"son.
prudence would exercise in his own case ; and, if he does this, he

is not responsible to the principal for the acts or negligence of the
agent so selected.

180

CONTRACT.

Eisht of person
as to acts done
for him without
liis authority.
ElVect of
ratilication.

Eatification
may be
expressed or
implied.

Knowledge
requisite to
valid

ratification.
Effect of
ratifying
unauthorized
act forming
part of a
transaction.
Eatification of
unauthorized
act cannot
injure third
person.

Termination
of agency.

Termination
of agency,
where agent has
an interest in
subject-matter.

IlXtrSTRATIONS.

(a) A instructs B, a merchant, to buy a ship for him. B employs a ship
surveyor of good reputation to choose a ship for A. The surveyor makes
the choice negligently and the ship turns out to be unseaworthy and is lost.
B is not, but tlie surveyor is, responsil)Io to A.

(b) A consigns goods to B, a merchant, for sale. B, in due course, employs
an auctioneer in good credit to sell the goods of A, and allows tlie auctioneer
to receive the proceeds of the sale. The auctioneer afterwards becomes
insolvent without having accounted for the proceeds. B is not responsible
to A for the proceeds.

Eatification.

196. Where acts are done by one person on behalf of another
but without his knowledge or authority, he may elect to ratify or
to disown such acts. If he ratify them, the same effects will
follow as if they had been performed by his authority.

197. Ratification may be expressed or may be implied in the
conduct of the person on whose behalf the acts are done.

Illustrations.

(a) A, without authority, buys goods for B. Afterwards B sells them to
C on his own account ; B's conduct implies a ratification of the purchase
made for him by A.

(6) A, without B's authority, lends B's money to C. Afterwards B accepts
interest on the money from C. B's conduct implies a ratification of the
loan.

198. No valid ratification can be made by a person whose
knowledge of the facts of the case is materially defective.

199. A person ratifying any unauthorized act done on his behalf
ratifies the whole of. the transaction of which such act formed a
part.

200. An act done by one person on behalf of another, without
such other person's authority, which, if done with authority, would
have the effect of subjecting a third person to damages, or of
terminating any right or interest of a third person, cannot, by
ratification, be made to have such effect.

Illustrations.

(a) A, not being authorized thereto by B, demands on behalf of B, the
delivery of a chattel, the property of B, from C, who is in possession of it.
This demand cannot be ratified by B, so as to make C liable for damages for
his refusal to deliver.

(b) A holds a lease from B, terminable on three months' notice. C, an
authorized person, gives notice of termination to A. The notice cannot be
ratified by B, so as to be binding on A.

Revocation of Authority.

201. An agency is terminated by the principal revoking his
authority ; or by the agent renouncing the business of the agency ;
or by the business of the agency being completed ; or by either
the principal or agent dying or becoming of unsound mind ; or
by the principal being adjudicated or declared a bankrupt or an
insolvent.

202. Where the agent has himself an interest in the property
which forms the subject-matter of the agency, the agency cannot,
in the absence of an express contract, be terminated to the prejudice
of such interest.

CONTRACT. 181

Illustrations.

(a) A gives authority to B to sell A's land, and to pay himself, out of
the proceeds, the debts duo to him from A. A cannot revoke this authority,
nor can it be tei-minated by his insanity or death.

(6) A consigns 1,000 bales of cotton to B, who has made advances to hin\
on such cotton, and desires B to sell the cotton, and to repay himself out of
the price the amount of his own advances. A cannot revoke this authority
nor is it terminated by his insanity or death.

203. The principal may, save as is otherwise provided by the when principal
last preceding section, revoke the authority given to his agent at ^ent-r**'^*
any time before the authority has been exercised so as to bind the authority.
principal.

204. The principal cannot revoke the authority given to his Revocation
agent after the authority has been partly exercised, so far as regards LasTeen pa/ti/
such acts and obligations as arise from acts already done in the «iercised.
agency.

Illustrations.

(a) A authorizes B to buy 1,000 bales of cotton on account of A, and to
pay for it out of A's money remaining in B's hands, B buys 1,000 bales
of cotton in his own name, so as to make himself personally liable for the price.
A cannot revoke B's authority so far as regards payment for the cotton.

(6) A avithorizes B to buy 1,000 bales of cotton on account of A, and to
pay for it out of A's money remaining in B's hands. B buys 1,000 bales of
cotton in A's name, and so as not to render himself personally liable for the
price. A can revoke B's authority to pay for the cotton.

205. Where there is an express or implied contract that the compensation
agency should be continued for any period of time, the principal by'^prhidpai°"
must make compensation to the agent, or the agent to the prin- or renunciation
cipal, as the case may be, for any previous revocation or renunciation

of the agency without sufficient cause.

206. Reasonable notice must be given of such revocation or ^^°f "^f °^ ""g^";.
renunciation ; otherwise the damage thereby resulting to the ciation.
principal or the agent, as the case may be, must be made good to

the one by the other.

207. Revocation and renunciation may be expressed or may be Revocation and
implied in the conduct of the principal or agent, respectively. may'bTex^"

pressed or
Illustration. '"^p"^*^-

A empowers B to let A's house. Afterwards A lets it himself. This is
an implied revocation of B's authority.

208. The termination of the authority of an agent does not, so when^

persons.

termina-

far as regards the agent, take effect before it becomes known to authority takes
him, or, so far as regards third persons, before it becomes known a^gnt.^fnd

to them. as to third

Illustrations.

(a) A directs B to sell goods for him, and agrees to give B 5 per cent, com-
mission on the price fetched by the goods. A afterwards, by letter, revokes
B's authority. B, after the letter is sent, but before he receives it, sells
the goods for §100. The sale is binding on A, and B is entitled to $5 as his
commission.

(b) A, at Port Dickson, by letter directs B to sell for him some cotton
lying in a warehouse in Klang, and afterwards, by letter, revokes his authority
to sell, and directs B to send the cotton to Port Dickson. B, after receiving

182

CONTRACT.

Apenf s duty on
termination of
agency by
principal's
death or
insanity.

Termination of

suh-a;rcnt's

authority.

Agent's duty in
conducting
principal's
business.

Skill and
diligence
required from
agent.

the second letter, enters into a contract with C, who knows of the first
letter, but not of the second, for the sale to him of the cotton. C pays B
the money, with which B absconds. C's payment is good as against A.

(c) A directs B, his agent, to pay certain money to C. A dies, and D takes
out probate to his will. B, after A's death, l)ut ))efore hearing of it, pays
the money to C. The payment is good as against D, the executor.

209. When an agency is terminated by the principal dying or
becoming of unsound mind, the agent is ))ound to take, on behalf
of the representatives of his late principal, all reasonable steps for
the protection and preservation of the interests entrusted to him.

210. The termination of the authority of an agent causes the
termination (subject to the rules herein contained regarding the
termination of an agent's authority) of the authority of all sub-
agents appointed by him.

Agent's Dviy to Princijjal.

211. An agent is bound to conduct the business of his principal
according to the directions given by the principal, or, in tlie absence
of any such directions, according to the custom which prevails in
doing business of the same kind at the place where the agent
conducts such business. When the agent acts otherwise, if any
loss be sustained, he must make it good to his principal, and, if
any profit accrues, he must account for it.

Illustrations.

(a) A, an agent engaged in carrying on for B a business, in which it is
the custom to invest from time to time, at interest, the moneys which may
be in hand, omits to make such investment. A must make good to B the
interest usually obtained by such investments.

(b) B, a broker, in whose business it is not the custom to sell on credit,
sells goods of A on credit to C, whose credit at the time was very high. C,
before payment, becomes insolvent. B must make good the loss to A.

212. An agent is bound to conduct the business of the agency
with as much skill as is generally possessed by persons engaged in
similar business, unless the principal has notice of his want of skill.
The agent is always bound to act with reasonable diligence, and
to use such skill as he possesses ; and to make compensation to
his principal in respect of the direct consequences of his own
neglect, want of skill, or misconduct, but not in respect of loss or
damage which are indirectly or remotely caused by such neglect,
Avant of skill, or misconduct.

Illustkations.

(a) A, a merchant in Kuala Lumpur, has an agent, B, in London, to whom
a sum of money is paid on A's account, with orders to remit. B retains the
money for a considerable time. A, in consequence of not receiving the money,
becomes insolvent. B is liable for the money and interest from the day
on which it ought to have been paid, according to the usual rate, and for any
further direct loss — as, e.g., by variation of rate of exchange — but not further.

(6) A, an agent for the sale of goods, having authority to sell on credit,
sells to B on credit, without making the proper and usual enquiries as to
the solvency of B. B, at the time of such sale, is insolvent. A must make
compensation to his principal in respect of any loss thereby sustained.

(c) A, an insurance-broker employed by B to effect an insurance on a ship,
omits to see that the usual clauses are inserted in the policy. The ship

CONTRACT. 183

is aftorw<an1s lost. In consequence of the omission of the clauses nothing
can be recovered from the underwriters. A is bound to make good the loss
to B.

(d) A, a merchant in England, directs B, his agent at Klang, who accepts
the agency, to send him 100 bales of cotton by a certain ship. B, having
it in his power to send the cotton, omits to do so. The shi]) arrives safely
in England. Soon after her arrival tlui price of cotton rises. B is bound
to make good to A the profit which he might have made by the 100 bales of
cotton at the time the ship arrived, but not any profit he might have made
by the subsequent rise.

213. An agent is bound to render proper accounts to his principal Agcnt-s
on demand. accounts.

214. It is the duty of an agent, in cases of difficulty, to use all Assent's duty to
reasonable diligence in communicating with his principal, and in fo^mun'^^^ate

,..,.,.. . ■•- •*■ wjtn priucipal.

seekmg to obtain his instructions.

215. If an agent deals on his own account in the business of the nicht of i.rinri-
agency, Avithout first obtaining the consent of his principal and {Jeih'onh^r''^
acquainting him with all material circumstances which have come own account,
to his own knowledge on the subject, the j)rincipal may repudiate aKmi<\v"wtho^^
the transaction, if the case shows either that any material fact Principal's
has been dishonestly concealed from him hj the agent, or that the
dealings of the agent have been disadvantageous to him.

Illustrations .

(a) A directs B to sell A's estate. B bviys the estate for himself in the
name of C. A, on discovering that B has bought the estate for himself,
may repudiate the sale, if he can show that B has dishonestly concealed any
material fact, or that the sale has been disadvantageous to him.

(6) A directs B to sell A's estate. B, on looking over the estate before
selling it, finds a mine on the estate which is imknown to A. B informs A
that he wishes to buy the estate for himself, but conceals the discovery of
the mine. A allows B to buy, in ignorance of the existence of the mine. A,
on discovering that B knew of the mine at the time he bought the estate,
may either repudiate or adopt the sale at his oiition.

216. If an agent, without the knowledge of his princij)al, deals PHncipai-s

in the business of the agency on his own account instead of on g;Uiitd°byT!?ent

account of his principal, the principal is entitled to claim from the Jeaiin^; on his

agent any benefit which may have resulted to him from the business of

transaction. ^°^''^y-

Illustration.

A directs B, his agent, to buy a certain house for him. B tells A it cannot
be bought, and buys the house for himself. A may, on discovering that B
has bought the house, compel him to sell it to A at the price he gave for it.

217. An agent may retain, out of any sums received on account Agent's rigiit of
of the principal in the business of the agency, all moneys due to sums"recerved^
himself in respect of advances made or exnenses properly incurred o'^ principal's

^ SiCCOllllfc

by him in conducting such business, and also such remuneration
as may be payable to him for acting as agent.

218. fSubject to such deductions, the agent is bound to pay to Agent's duty to
his principal all sums received on his account. rex^iv^for

219. In the absence of any special contract, payment for the ^vi'ei'/a^-ent's
performance of any act is not due to the agent until the completion remuneration
of such act ; but an agent may detain moneys received by him on

184

CONTRACT.

Agent not
entitled to
roinuneratioii
for business
misconducted.

Accent's lien on

jirincipal's

property.

account of goods sold, although the whole of the goods consigned
to him for sale may not have been sold, or although the sale may
not ho actually complete.

220. An agent who is guilty of misconduct in the business of
the agency is not entitled to any remuneration in respect of that
part of the business which he has misconducted.

Illustrations.

(a) A employs B to recover $100,000 from C, and to lay it out on good
security. B recovers the $100,000 and lays out $90,000 on good security,
but lays out $10,000 on security whicli lie ought to have known to be bad,
whoroby A loses $2,000. B is entitled to remuneration for recovering the
$100,000 and for investing the $90,000. He is not entitled to any remunera-
tion for investing the $10,000, and he must make good the $2,000 to A.

(b) A employs B to recover $1,000 from C. Through B's misconduct
the money is not recovered. B is entitled to no remuneration for his services,
and must make good the loss.

221. In the absence of any contract to the contrary, an agent
is entitled to retain goods, papers, and other property, whether
movable or immovable, of the principal received by him, until the
amount due to himself for commission, disbursements, and services
in respect of the same has been paid or accounted for to him.

Acrcnt to be
indemnified
ai^ainat

consequences of
lawful acts.

A,c;ent to be
indemnified
against

consequences of
acts done in
good faith.

Principal's Duty to Agent.

222. The employer of an agent is bound to indemnify him
against the consequences of all lawful acts done by such agent in
exercise of the authority conferred upon him.

Illustrations.

(a) B, at Klang, under instructions from A, of Taiping, contracts with C
to deliver certain goods to him. A does not send the goods to B, and C
sues B for breach of contract. B informs A of the suit, and A authorizes
him to defend the suit. B defends the suit, and is compelled to pay damages
and costs, and incurs expenses. A is liable to B for such damages, costs,
and expenses.

(b) B, a broker at Taiping, by the orders of A, a merchant there, contracts
with C for the purchase of 10 casks of oil for A. Afterwards A refuses to
receive the oil, and C sues B. B informs A, who repudiates the contract
altogether. B defends, but unsuccessfully, and has to pay damages and
costs, and incurs expenses. A is liable to B for such damages, costs, and
expenses.

223. Where one person employs another to do an act, and the
agent does the act in good faith, the employer is liable to indemnify
the agent against the consequences of that act, though it cause an
injury to the rights of third persons.

Illustrations.

(a) A, a decree-holder and entitled to execution of B's goods, requires
the officer of the Court to seize certain goods, representing them to be the goods
of B. The officer seizes the goods, and is sued by C, the true owner of the
goods. A is liable to indemnify the officer for the sum which he is compelled
to pay to C, in consequence of obeying A's directions.

(6) B, at the request of A, sells goods in the possession of A, but which A
had no right to dispose of. B does not know this, and hands over the pro-
ceeds of the sale to A. Afterwards C, the true owner of the goods, sues B
and recovers the value of the goods and costs. A is liable to indemnify B
for what he has been compelled to pay to C and for B's own expenses<

CONTRACT. 185

224. Where one person employs another to do an act which is Non-iiabmty
criminal, the employer is not liable to the agent, either upon an agl^^todo'a'
express or an implied promise, to indemnify him against the criminal act.
consequences of that act.

Illustrations.

(a) A employs B to beat C, and agrees to indemnify him against all con-
sequences of the act. B thereupon beats C, and has to pay damages to C
for so doing. A is not liable to indemnify B for those damages.

(6) B, the proprietor of a newspaper, publishes, at A's request, a libel
upon C in the paper, and A agrees to indemnify B against the consequences
of the publication, and all costs and damages of any action in respect thereof.
B is sued by C and has to pay damages, and also incurs expenses. A is not
liable to B upon the indemnity.

225. The principal must make compensation to his agent in compensation
respect of injury caused to such agent by the principal's neglect or inj^y"caused

want of skill. by principal's

neglect.
Illustration.

A employs B as bricklayer in building a hovise, and puts up the scaffolding
himself. The scaffolding is imskilfully put up, and B is in consequence hurt.
A must make compensation to B.

E§ect of Agency on Contract u-ith Third Persons.

226. Contracts entered into through an agent, and obligations Enforcement
arising from acts done by an agent, may be enforced in the same consequences
manner, and will have the same legal consequences as if the "^^p"^^
contracts had been entered into and the acts done by the principal

in person.

Illustrations.

(a) A buys goods from B, knowing that he is an agent for their sale, but
not knowing who is the principal. B's principal is the person entitled to
claim from A the price of the goods, and A camiot, in a suit by the principal,
set-off against that claim a debt due to himself from B.

(b) A, being B's agent, with authority to receive money on his behalf,
receives from C a sum of money due to B. C is discharged of his obligation
to pay the sum in question to B.

227. When an agent does more than he is authorized to do, and principal how
when the part of what he does, which is within his authority, can igent"Sce«is*°
be separated from the part which is beyond his authority, so much authority.
only of what he does as is within his authority is binding as between

him and his principal.

Illustration.

A, being owner of a ship and cargo, authorizes B to procure an insurance
for S4,000 on the ship. B procures a policy for $4,000 on the ship, and another
for the like sum on the cargo. A is bound to pay the premium for the policy
on the ship, but not the premiiim for the policy on the cargo.

228. Where an agent does more than he is authorized to do, and Principal not
what he does beyond the scope of his authority cannot be separated e°^ ^f Rent's
from what is within it, the principal is not bound to recognize the ^^ *^^^\^ '^ ^°^
transaction.

Illustration.
A authorizes B to buy 500 sheep for him. B buys 500 sheep and 200 lambs
for one svim of $6,000. A may repudiate the whole transaction.

186

CONTRACT.

Consequences
of notice given
to agent.

229. Any notice given to or information obtained by the agent,
provided it be given or ol)tained in the course -of the business
transacted by him for the principal, shall, as between the principal
and third parties, have the same legal consequence as if it had
been given to or obtained by the ])rin(;ipal.

Afjent cannot
personally
enforce, nor
be bound by,
contracts on
behalf of
principal.
Presumption
of contract to
contrary.

Riglits of
parties to a
contract made
by agent not
disclosed.

Performance
of contract
with agent
supposed to be
principal.

Illustuations.

(a) A is employed })y B to buy from C certain poods, of wliioli C is Iho
aj)])aront owner, and buys them accordingly. In the course of the treaty
for the sale, A learns that the goods really belonged to D, but B is ignorant
of that fact. B is not entitled to set-off a debt owing to him from C against
the price of the goods.

(b) A is employed by B to biiy from C goods of which C is the apparent
owner. A was, before he was so employed, a servant of C, and then learnt
that the goods really belonged to T>, iDut B is ignorant of that fact. In s})ite
of the knowledge of his agent, B may set-off against the price of the goods
a debt owing to him from C.

230. In the absence of any contract to that effect, an agent
cannot personally enforce contracts entered into by him on behalf
of his principal, nor is he personally bound by them.

Such a contract shall be presumed to exist in the following cases : —

(1) Where the contract is made by an agent for the sale or

purchase of goods for a merchant resident abroad :

(2) Where the agent does not disclose the name of his principal :

(3) Where the principal, though disclosed, cannot be sued.

231. If an agent makes a contract with a person who neither
knows, nor has reason to suspect, that he is an agent, his principal
may require the performance of the contract ; but the other
contracting party has, as against the principal, the same rights as
he would have had as against the agent if the agent had been
principal.

If the princippJ discloses himself before the contract is completed,
the other contracting party may refuse to fulfil the contract, if he
can show that, if he had known who was the principal in the
contract, or if he had known that the agent was not a principal,
he would not have entered into the contract.

232. Where one man makes a contract with another, neither
knowing nor having reasonable ground to suspect that the other
is an agent, the principal, if he requires the performance of the
contract, can only obtain such performance subject to the rights
and obligations subsisting between the agent and the other party
to the contract.

Illustration.
A, who owes $500 to B, sells $1,000 worth of rice to B. A is acting as
agent for C in the transaction, but B has no knowledge nor reasonable ground
of suspicion that such is the case. C cannot compel B to take the rice without
allowing him to set-off A's debt.

Right of person 233. In cascs Avhcrc the agent is personally liable, a person
agen "personally dealing with him may hold either him or his principal, or both of
liable. them, liable.

CONTRACT. 187

Illustration.

A onfcors into a contract with B to soil him 100 bales of cotton, and after-
wards discovers that B was acting as agent for C. A may sue either B or
C, or both, for the price of the cotton.

234. When a person who has made a contract with an agent Consequence
induces the agent to act upon the belief that the principal only alrentor'"^
will be held liable, or induces the principal to act upon the belief principal to act

•11 1 I 1 1 !• 1 1 1 <> 11-11°" belief that

that the agent only will be held liable, he cannot afterwards hold principal or
liable the agent or principal, respectively. hew exclusively

235. A person untruly representing himself to be the authorized Liability of
agent of another, and thereby inducing a third person to deal with pretended
him as such agent, is liable, if his alleged employer does not ratify "

his acts, to make compensation to the other in respect of any loss
or damage which he has incurred by so dealing.

236. A person with whom a contract has been entered into in Person faiseiy
the character of agent is not entitled to require the performance 's^Jlntnot"'^
of it if he was in reality acting, not as agent, but on his own account, entitled to

•^ ~ o ' performance.

237. When an agent has, without authority, done acts or incurred Liability of
obligations to third persons on behalf of his principal, the principal is fiXckig^ belief
bound by such acts or obligation if he has by his words or conduct that a^ent-s
induced such third persons to believe that such acts and obligations act^s were
were within the scope of the agent's authority. authorized.

Illusteations.

(a) A consigns goods to B for sale, and gives him instructions not to sell
under a fixed price. C, being ignorant of B's instructions, enters into a
contract with B to buy the goods at a price lower than the reserved price. A
is bound by the contract.

(b) A entrusts B with negotiable instruments endorsed in blank; B sells
them to C in violation of private orders from A. The sale is good.

238. Misrepresentations made, or frauds committed, by agents Effect, on
acting in the course of their business for their principals, have the njisreprese'nu-
same effect on agreements made by such agents as if such misrepre- tion or fraud by
sentations or frauds had been made or committed by the principals ;

but misrepresentations made, or frauds committed, by agents, in
matters which do not fall within their authority, do not affect their
principals.

Illustrations.

(a) A, being B's agent for the sale of goods, induces C to buj^ them by
a misrepresentation, which he was not authorized by B to make. The contract
is voidable, as between B and C, at the option of C.

(b) A, the captain of B's ship, signs bills of lading without having received
on board the goods mentioned therein. The bills of lading are void as
between B and the pretended consignor.

Chapter XI.
OF PARTNERSHIP.

239. "Partnership" is the relation which subsists between "Partnership-
persons who have agreed to combine their property, labour, or skill

in some business, and to share the profits thereof between them.

Persons who have entered into partnership with one another are " Firm ••
called collectively a '" firm."

188

CONTRACT.

Lender not a
liartuer by
aiivant-in'-r
money for sliarc
of prolits.

Property left in
business by
retiring partner,
or deceased
partner's
representative.

Servant or

remunerated
by share
of profits not
a partner.

Widow or child
of deceased
partner
receiving;
annuit}' out
of profits not
a partner.

Person
receivintr
portion of
profits

for sale of good-
will not a
partner.

Responsibility
of person
leading
another to
believe liim
a partner.
Liability of
person
permitting
himself to be
represented
as a partner.
Minor
partner not
personally
liable, but
his share is.

Liability of
minor partner
on attaining
majority.

Illustkations,

(a) A and B buy 100 bales of cotton, which they agree to sell for their joint
account ; A and B are partners in respect of sucli cotton.

(b) A and B buy 100 bales of cotton, agreeing to share it between them.
A and B are not partners.

(c) A agrees with B, a goldsmith, to buy and furnish gold to B, to he worked
up by him and sold, and that they shall share in the resulting profit or loss.
A and B are partners.

(d) A and B agree to work together as carpenters, but that A shall receive
all profits and shall i)ay wages to B. A and B are not partners.

(e) A and B are joint owners of a ship. This circumstance does not make
them jiartners,

240. A loan to a person engaged, or about to engage, in any trade
or undertaking, u])()n a contract with such ])erson that the lender
shall receive interest at a ratc^ varying with the prolits, or that he
shall receive a share of the profits, does not, of itself, constitute the
lender a partner, or render him responsible as such.

241. In the absence of any contract to the contrary, property left
by a retiring partner, or the representative of a deceased partner, to
be used in the business is to be considered a loan within the meaning
of the last preceding section.

242. No contract for the remuneration of a servant or agent of
any person, engaged in any trade or undertaking, by a share of the
profits of such trade or undertaking shall, of itself, render such
servant or agent responsible as a partner therein, nor give him the
rights of a partner.

243. No person, being a widow or child of a deceased partner of
a trader, and receiving, by way of annuity, a proportion of the profits
made by such trader in his business, shall, by reason only of such
receipt, be deemed to be a partner of such trader, or be subject to any
liabilities incurred by him.

244. No person receiving, by way of annuity or otherwise, a por-
tion of the profits of any business, in consideration of the sale by him
of the good-will of such business, shall, by reason only of such receipt,
be deemed to be a partner of the person carrying on such business,
or be subject to his liabilities.

245. A person who has, by words spoken or written, or by his
conduct, led another to believe that he is a partner in a particular
firm, is responsible to him as a partner in such firm.

246. Anyone consenting to allow himself to be represented as a
partner is liable, as such, to third persons who, on the faith thereof,
give credit to the partnership.

247. A person who is under the age of majority according to the
law to which he is subject may be admitted to the benefits of part-
nership, but cannot be made personally liable for any obligation of
the firm ; but the share of such minor in the property of the firm is
liable for the obligations of the firm.

248. A person who has been admitted to the benefits of partner-
ship under the age of majority becomes, on attaining that age, liable
for all obligations incurred by the partnership since he was so

to bind
co-partnera.

CONTRACT. 189

admitted, unless he gives public notice, within a reasonable time, of
his repudiation of the partnership.

249. Every partner is liable for all debts and obligations incurred Partner's
while he is a partner in the usual course of business by or on behalf debts'of °'^
of the partnership ; but a person who is admitted as a partner into an partnersiiip.
existing firm does not thereby become liable to the creditors of such
firm for anything done before he became a partner.

250. Every partner is liable to make compensation to third uatrntyto
persons in respect of loss or damage arising from the neglect or fraud ^^'^^ person
of any partner in the management of the business of the firm. or fraud of

co-partner.

251. Each partner who does any act necessary for, or usually done Partner-s power
in, carrjdng on the business of such a partnership as that of which he
is a member binds his co-partners to the same extent as if he were
their agent duly appointed for that purpose.

Exception. — If it has been agreed between the partners that any restric-
tion shall be placed upon the power of any one of them, no act done in con-
travention of such agreement shall bind the firm with respect to persons having
notice of such agreement.

Illustrations.

(a) A and B trade in partnership, A residing in England, and B in the
Federated Malay States. A draws a bill of exchange in the name of the firm.
B has no notice of the bill, nor is he at all interested in the transaction. The
firm is liable on the bill, provided the holder did not know of the circmnstances
under which the bill was drawn.

(6) A, being one of a firm of solicitors, draws a bill of exchange in the name
of the firm without authority. The other partners are not liable on the
bill.

(c) A and B carry on business in partnership as bankers. A sum of money
is received by A on behalf of the firm. A does not inform B of such receipt,
and afterwards A appropriates the money to his own use. The partnership
is liable to make good the money.

(d) A and B are partners. A, with the intention of cheating B, goes to
a shop and piu-chases articles on behalf of the firm, such as might be used
in the ordinary course of the partnership business, and converts them to his
own separate use, there being no collusion between him and the seller. The
firm is liable for the price of the goods.

252. Where partners have by contract regulated and defined, as Annulment
between themselves, their rights and obligations, such contract can definLg^
be annulled or altered only by consent of all of them, which consent f^f,^|^^"g®^jj^
must either be expressed, or be implied from a uniform course of obligations.
dealing.

Illustration.

A, B, and C, intending to enter into partnership, executed written articles
of agreement, by which it is stipvilated that the nett profits arising from the
partnership business shall be equally divided between them. Afterwards
they carry on the partnership business for many years, A receiving one-half
of the nett profits and the other half being divided equally between B and
C. All parties know of and acquiesce in this arrangement. This course
of dealing supersedes the provision in the articles as to the division of profits.

253. In the absence of any contract to the contrary the relations Euies
of partners to each other are determined by the following rules :— part™rs'^°

(a) All partners are joint owners of all property originally ^ILtlons,
brought into the partnership stock, or bought with ^^^^^l^^^^
money belonging to the partnership, or acquned for contrary.

190 CONTRACT.

purposes of the partnership business. All such pro-
perty is called ])artnershi]) ]H'0})erty. The share of
each partner in tlu^ |)artncrship property is the value
of his original contribution, increased or diminished
by his share of profit or loss :

(6) All ])artners are entitled to share equally in the profits of
the ])artnerslii]) business, and must contribute
ecpially towards the losses sustained by th(> partner-
shiji :

{(I) Each partner is bound to attend diligently to the
business of the partnership, and is not entitled to
any remuneration for acting in such business :

(e) When differences arise as to ordinary matters connected
with the partnership business, the decision shall be
according to the opinion of the majority of the
partners ; but no change in the nature of the busi-
ness of the partnership can be made, except with the
consent of all the partners :

(/) No person can introduce a new partner into a firm
without the consent of all the partners :

(g) If, from any cause whatsoever, any member of a part-
nership ceases to be so, the partnership is dissolved
as between all the other members :

(h) Unless the partnership has been entered into for a fixed
term, any partner may retire from it at any time :

(^) Where a partnership has been entered into for a fixed

• term, no j^artner can, during such term, retire, except

with the consent of all the partners, nor can he be

expelled by his partners for any cause whatever,

except by order of Court :

(j) Partnerships, whether entered into for a fixed term or
not, are dissolved by the death of any partner.

When Court 254. At the suit of a partner the Court may dissolve the partner-

partneiSiip'^ ^^^U^ i^ ^^^^ followiug CaSCS :

(a) When a partner becomes of unsound mind :

{b) When a partner, other than the partner suing, has been
adjudicated an insolvent under any law relating to
insolvent debtors :

any act by which the whole interest of such partner
is legally transferred to a third person :

(d) When any partner becomes incapable of performing his

part of the partnership contract :

(e) When a partner, other than the partner suing, is guilty

of gross misconduct in the affairs of the partnership
or towards his partners :

Contract.

191

(/) When the business of the partnership can only be carried
on at a loss.

255. A partnership is in all cases dissolved by its business being
prohibited by law.

256. If a partnership entered into for a fixed term be continued
after such term has expired, the rights and obligations of the partners
will, in the absence of any agreement to the contrary, remain the
same as they were at the expiration of the term, so far as such rights
and obligations can be applied to a partnership dissolvable at the
will of any partner.

257. Partners are bound to carry on the business of the partner-
ship for the greatest common advantage, to be just and faithful to
each other, and to render true accounts and full information of all
things affecting the partnership to any partner or his legal repre-
sentatives.

258. A partner must account to the firm for any benefit derived
from a transaction affecting the partnership.

Illustbations.

fa) A, B, and C are partners in trade. C, without the knowledge of A and
B, obtains for his own sole benefit a lease of the house in which the partnership
business is carried on. A and B are entitled to participate if they please,
in the benefit of the lease.

(6) A, B, and C carry on business together in partnership as merchants
trading between Klang and London. D, a merchant in London, to whom
they make their consignments, secretly allows C a share of the commission
which he receives upon such consignments, in consideration of C's using
his influence to obtain the consignments for him. C is liable to accoimt to
the firm for the money so received by him.

259. If a partner, without the knowledge and consent of the other
partners, carries on any business competing or interfering with
that of the firm, he must account to the firm for all profits made in
such business, and must make compensation to the firm for any loss
occasioned thereby.

260. A continuing guarantee, given either to a firm or to a third
person, in respect of the transactions of a firm, is, in the absence of
agreement to the contrary, revoked as to future transactions by any
change in the constitution of the firm to which, or in respect of the
transactions of which, such guarantee was given.

261. The estate of the partner who has died is not, in the absence
of an express agreement, liable in respect of any obligation incurred
by the firm after his death.

262. Where there are joint debts duo from the partnership, and
also separate debts due from any partner, the partnership property
must be applied in the first instance in payment of the debts of the
firm, and, if there is any surplus, then the share of each partner must
be applied in payment of his separate debts or paid to him. The
separate property of any partner must be applied first in the pay-
ment of his separate debts, and the surjjlus (if any) in the payment
of the debts of the firm.

263. After a dissolution of partnership, the rights and obligations
of the partners continue in all things necessary for winding-up the
business of the partnership.

Dissolution 3
partnership
by prohibition
of business.
Hiu^hts and
obli'jations o£
partners in
partnership
continued
after expiry of
term for wliioh
it was entered
into.

General duties
of partners.

Account to firm
of benefit
derived from
transaction
affectinf;
partnership.

Obligations, to
firm, of partner
carryins; on
competing
business.

Revocation
of continuing
guarantee by
cliange in
firm.

Non-liability
of deceased
partner's
estate for
subsequent
obligations. .
Payment of
partnership
debts, and of
separate debts.

Continuance
of partners'
riglits and
obligations after
dissolution.

192

CONTRACT.

Notice of
dissolution.

Winding up
by Court on
dissolution or
after
termination.

Limited

liability

partnerships,

incorporated

partnerships,

and joint-stock

companies.

264. Persons dealing with a firm will not be affected by a dissolu-
tion of which no public notice has been given, unless they themselves
had notice of such dissolution.

265. Where a partner is entitled to claim a dissolution of partner-
ship, or where a partnership has terminated, the Court may, in the
absence of any contract to the contrary, wind up the business of the
partnership, provide for the payment of its debts and distribute
the surplus according to the shares of the partners, respectively.

266. Extraordinary partnerships, such as partnerships with
limited liability, incorporated partnerships, and joint-stock com-
panies, shall be regulated by the law for the time being in force
relating thereto.

Schedule.
ENACTMENT REPEALED.^

Number.

Regulation XI. of
1893.

Short title.

Courts Regulation,
1893.

Extent of repeal.

The words "The
Indian Contract
Act, 1872 (Act IX.
of 1872," con-
tained in the third
schedule thereto.

1 Selangor only.

FRONTIER POLICE.

Perak. Selaugor. Negri Sembilan. Tahang.

E. 20 of 1899 E. 2 of 1900 E. 21 of 1899 E. 6 of 1900

30.12.1899 12.3.1900 12.12.1899 29.3.1900

5.1.1900 0.4.1900 22.12.1899 1.6.1900

An Enactment for facilitating the administration of
Criminal Justice on the frontiers of the State.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as the "Frontier Police short title,
Enactment, 1900," and shall come into force upon the publication andSpre!"*'
thereof in the Gazette. tation.

(ii) In this Enactment the expression " contiguous State " means

any State which has a common boundary Avith the State of ,^

and the expression " reciprocating contiguous State " means any
contiguous State within which similar provisions to those contained
in this Enactment are in force.

2. It shall be lawful for any member of the Police Force of any Police of
reciprocating contiguous State to exercise, within the State of s°tati"mT/ act.
,1 within sevefi miles of any part of the common boundary,

all or any of the powers which may be exercised by the members

of the 1 Police Force, in all respects as if the appointments

or engagements of the members of the Police Force of such
contiguous State were made by or with the Government of .^

3. It shall be lawful for any member of the Police Force of the Police may act

State of ^ to exercise within any reciprocating contiguous sta'te"*^^°"^

State, within seven miles of any part of the common boundary,

all or any of the powers which may be exercised by the members
of the Police Force of such contiguous State, in all respects as if
the appointments or engagements of the members of the Police

Force of the State of ^ were made by or with the Government

of such contiguous State.

4. No person charged with an offence alleged to have been Offences

committed within the State of ,i and within seven miles of ma^°be t^ried

the boundary of a reciprocating contiguous State, shall be entitled g'Ja'te""^'^*"^^

as of right to be tried within the State of ,i but such offence

may be taken cognizance of by the nearest Magistrate's Court
having jurisdiction, whether such Court be within the State of

^ or Avithin such contiguous State, and any lawful sentence

passed or order made thereon shall be carried out or enforced in

1 Insert Perak, Selangor, Negri Sembilan, or Pahang as the case may be.
T— 13 193

194

FRONTIER POLICE.

Court? may-
exercise juris-
diction in
contiguous
State.

Courts of
contiguous
State may
exercise juris-
dictiou.

Orders of Courts
of contiijuous
State to be
enforced.

all respects as if the said offence wore alleged to have been committed
within the ordinary local jurisdiction of such Court.

5. Any Magistrate's Court of the State of ^ shall have and

exercise jurisdiction in criminal matters within any reciprocating
contiguous State within seven miles of the common boundary in
all respects as if its ordinary jurisdiction extended within such
contiguous State for seven miles from the common boundary.

6. Any Magistrate's Court of a reciprocating contiguous State
shall have and may exercise jurisdiction in criminal matters within

the State of ,^ within seven miles of the common boundary,

in all respects as if its ordinary jurisdiction extended within the
State of Selangor for seven miles from the common boundary,

7. Every person within the State of ^ shall be bound to

obey all lawful orders and processes of any Court of a reciprocating
contiguous State acting under this Enactment, and neglect thereof
or disobedience thereto shall be punishable in all respects as if
such orders or processes were issued by a Court of the State of

Nearest Court
onlv to exercise
jurisdiction.

Law to be

applied.

Transfers and
commitments.

Mistakes as to
distances.

8. Nothing in this Enactment contained shall be deemed to
authorize any Court to take cognizance of an offence alleged to
have been committed in a contiguous State unless it be the nearest
Magistrate's Court to the place where the offence is alleged to have
been committed.

9. Notwithstanding anything hereinbefore contained, in any
proceeding under this Enactment or in any matters arising out of
such proceedings, where the law applicable thereto differs in the
two contiguous States, the law to be applied shall be that of the
State wherein the offence charged is alleged to have been committed.

10. In any case in which a Magistrate's Court acting under this
Enactment takes cognizance of an offence alleged to have been
committed within a contiguous State, and finds, upon investigation,
that the accused should be transferred or committed for trial
before a higher Court, such Magistrate's Court shall thereupon
transfer or commit the accused in proper form to such higher Court
of the said contiguous State, and for the purposes of all proceed-
ings in the matter shall be deemed to be a Court subordinate to
such higher Court.

11. No action or prosecution shall lie against any officer or other
person for anything done or omitted under or by virtue of this
Enactment because of a wrong computation of distance or mistake
of law or fact, provided the same was made without malice, nor
in any case unless notice of such act or omission and of intention
to sue or prosecute thereon shall have been given by the intending
plaintiff or prosecutor within 14 days of such act or omission or
of ability to give such notice. And any proceedings had under
this Enactment or consequent thereupon shall not be invalidated
by reason only of such wrong computation of distance.

1 Insert Perak, Selangor, Negri Sembilan, or Pahang oa the case may be.

MUHAMMADAN MARRIAGE AND DIVORCE
REGISTRATION.

Perak. Selangor. Negri Sembilan. Pahang.

E. 2 of 1900 E. 8 of 1900 E. 5 of 1900 E. 13 of 1900

18.4.1900 10.5.1900 27.4.1900 18.0.1900

1.1.1901 1.8.1900 11.5.1900 23.7.1900

as amended by

E. 2 of 1915 E. 3 of 1915 E. 1 of 1915 E. 2 of 1916

An Enactment to provide for the Registration of Marriages
and Divorces of Muhammadans.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as the " Muhammadan Marriage short title and
and Divorce Registration Enactment, 1900," and shall come into ™™™'^°^®'
force upon the ^

2. The provisions of this Enactment shall only apply to persons Extent.
professing the Muhammadan religion.

3. Within seven days from the celebration of any marriage the Registration of
husband or " wall " of the wife shall j^ersonally report such marriage
to the Kathi or Naib-al-Kathi of the district in which the ceremony
took place. The Kathi or Naib-al-Kathi shall register the par-
ticulars in a register kept for that purpose, in the form contained

in schedule A hereto, and shall issue certificates, one for the husband
and one for the wife, in the form contained in schedule B hereto,
on payment of a fee of fifty ^ cents for each certificate,

4. Within seven days of divorce the husband or wife shall report Registration of
such divorce to the Kathi or Naib-al-Kathi of the district in which '^^™'^<=^^-
such divorce takes place. The Kathi or Naib-al-Kathi shall register

the particulars and nature of such divorce in a register kept for
that purpose, in the form contained in schedule C hereto. The
Kathi or Naib-al-Kathi shall issue certificates, one for the husband
and one for the wife, on payment of a fee of fifty ^ cents for each
certificate, in the form contained in schedule D hereto.

5. (i) In the event of a divorce being annulled, or the reunion Annulling of
of the 'parties, the certificates of divorce shall be returned within '^'"^°''<=^;

' '^ ' Amending E. of

1915.

1 Pk. : first day of January. 1901 ; Sel. : first day of August, 1900 ; N.S. :
first day of July, 1900 ; Pg. : first day of October, 1900.

2 Perak, twenty-five.

195

marriages.

196 MUHAMMADAN MARRIAGE AND DIVORCE REGISTRATION.

seven days of such annulment or reunioti, as the case may be, to the
Kathi or Naib-al-Kathi who issued them, and he shall in every case
of reunion of the parties endorse a note of such reunion on the certifi-
cates and thereafter return them to the jmrties.

(ii) III this section reunion of the parties means the reunion
known in Muhammadan law as " rojok."

Penalty. 6. Any person offending against any of the provisions of this

Enactment shall be liable, on conviction, to a fine not exceeding
twenty-five dollars.

When more 7. When the duty of reporting a marriage or a divorce is, by this

uabie?'"' ' "''^^"'^ Enactment, imposed upon more than one person in the alternative,
each of such persons shall, if no such report is made, be liable, on
conviction, to the penalty j)rescribed by the 2)receding section.

Schedule A (in Perak B).
REGISTER OF MARRIAGES.

a «

§ .

s'3

0) .

=4 .

2 A

■fcl

C3.2

J^o.

o to

- c«

-a =«

CS
3

•2
1

« a.

03
'A

''A

Schedule B (in Perak C).
CERT. OF MAERiAGE. \ CERTIFICATE OF MARRIAGE.

Registry No.

Husband's name

tribe
Wife's name

tribe
Husband's pengbulu

Wife's penghulu
Wali or wakil

Witnesses
Mas kawin

Fees %

Date of marriage

Registry No.

Husband's name
Wife's name
Husband's penghulu
Wali or wakil
Mas kawin

tribe

Wife's penghulu

Witnesses

Fee %

Date of marriage
Dated this day of 190

Kathi.

MUHAMMADAN MARRIAGE AND DIVORCE REGISTRATION. 197

Schedule C (in Perak D).
REGISTER OF DIVORCES.

•4-3

Schedule D (in Perak E).
CERT. OF DIVORCE. ! CERTIFICATE OF DIVORCE

Registry No.

Husband's name

tribe
Wife's name

tribe
Husband's penghulu
Wife's penghulu
Nature of divorce

Fee $

Date of divorce

Registry No.

Husband's name
Wife's name
Husband's penghulu
Nature of divorce

tribe
tribe
Wife's penghulu

Fee S

Date of divorce
Dated this day of

190

Kathi.

In Perak add the following Section 2 and renumber the sections.

2. On the coming into force of this Enactment, the Enactment
specified in the Schedule A hereto shall be repealed to the extent
therein specified.

Schedule A.
ENACTMENT REPEALED.

Number and date.

Short title.

Extent of
repeal.

8th December, 1885

Registration of Muham-
niadan Marriages and
Divorces

The whole

JINRIKISHA.

Pcrak.

Selangor.

Negri Sointjilan.

Pahang.

E. 10 of 1900

E. 12 of 1900

E. 19 of 1900

E. 2 of 1907

3.10.1900

24.9.1900

27.11.1900

5.3.1907

23.10.1900

19.10.1900

1.7.1901

2.4.1907

as amended by

E. 7 of 1909

E. G of 1909

E. 11 of 1909

Short title and
commence-
ment.

Eepeal.

Interpretation.

An Enactment to declare the Law for the Registration
and Control of Jinrikishas.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

PART I.

PRELIMINARY.

1. This Enactment may be cited as the " Jinrikisha Enactment,
1900," ^ and shall come into force upon a date to be fixed for that
purpose by the Resident and notified in the Gazette."^

3 2. From the coming into force of this Enactment, the Enact-
ments specified in the first schedule shall be repealed to the extent
therein mentioned.

3. In this Enactment each of the following terms shall have the
meaning assigned to it by this section unless there be something
inconsistent with such meaning in the subject or context : —

" Jinrikisha " means a wheeled vehicle for the conveyance of
passengers drawn by one or more men ;

" Licensed jinrikisha " means a jinrikisha licensed and registered
under this Enactment ;

" Fittings " includes wheels, wheel-guards, shafts, hood, apron,
lamps, cushions, pads, foot-mat ;

" Puller " means the person or persons when proceeding to,
returning from or for the time being drawing or pushing a jinrikisha,
or in charge of it when plying or waiting for hire ;

" Registrar " means a Registrar of Jinrikishas appointed under
this Enactment ;

" Owner " means the person in whose name a jinrikisha is for
the time being registered under this Enactment.

1 Pg., 1907.

2 Pg., upon publication thereof in the Gazette.

3 Selangor only. The following sections to be renumbered for Pk., N.S.,
and Pg.

198

JINRIKISHA.

199

PART II.
REGISTRAR AND OTHER OFFICERS.

4. For carrying into effect the provisions of this Enactment it Appointments.
shall be lawful for the Sanitary Board in each Sanitary Board area

with the sanction of the Resident to appoint an officer to be styled
the Registrar of Jinrikishas, and such l)ei)uty Registrars and other
officers as may be necessary.

5. All such officers shall be subject in the performance of their Duties,
duties to the control of the Sanitary Board, subject to such by-laws

as may be made in that behalf by the Resident, prescribing the
manner in which such duties shall be performed.

6. The Registrar shall hold office at the pleasure of the Resident, Tenure of office
who may remove him at any time either of his own motion or on the ^^ Registrar.
recommendation of the Sanitary Board.

7. (i) All fees levied and all moneys received by the Registrar Fees, etc., to be
under this Enactment, except as hereinafter provided, shall be paid oo'ver^ent
into the Government revenue. revenue.

(ii) The Sanitary Board may pay the salaries of all officers and
servants employed by it in carrying out the purposes of this Enact-
ment, and all other expenses which may be incurred by it in carrying
out such purposes.

8. The Registrar shall, with the sanction of the Sanitary Board, rubiic stands,
from time to time appoint one or more public stands for licensed
jinrikishas within the limits of the Sanitary Board area as he may

think fit, and may also, with the like sanction, on the application of
or with the consent of any owner of jinrikishas, grant a license to
such owner to use any building, premises, or place as a public stand.

9. The Registrar shall furnish to the Sanitary Board weekly, or at Periodical
such other intervals as the Board may direct, a report and return of madeVy tife
all detentions of jinrikishas and of licenses suspended by him, of all Registrar.
prosecutions instituted bj^ him before magistrates or had hefore him- Amending e.
self, and of all payments made by him by way of compensation or °^ ^^°^'
award .

PART III.

REGISTRATION AND LICENSING OF JINRIKISHA
OWNERS AND PULLERS.

10. Every jinrikisha kept, used, or pljang within the limits of any Registration
Sanitary Board for hire, shall be licensed and registered and shall be tion of
classified as may be prescribed by the Board. jinriiishas.

11. (i) Every licensed jinrikisha shall be furnished with such Fittings.
fittings of such regulation pattern as the Registrar, with the approval

of the Sanitary Board, may direct, and such fittings may be supplied
by the Registrar on payment to the Board of the cost thereof.

(ii) Every licensed jinrikisha shall have thereto affixed in such piates.
conspicuous place or places as the Registrar may direct a plate or
plates bearing the number assigned to it, and the same number shall
be marked on the body of the jinrikisha and on the fittings in such
manner as the Registrar may think fit.

200

JINRreiSHA.

Applications for
licoiises.

Inspection o(
jinrikisluis.

RoEristration of
jinrikislias.

Issue of licenses.

Particulars to
be entered in
register.

Owner to give
security.

Eoturn of
deposit.

12. All applications for jinrikisha licenses shall be made to the
Registrar by the applicant in ])erson.

13. (i) The Registrar shall appoint a place and time (such time
being not more than three weeks after receipt of the ap})lication)
when and where the jinrikishas to be licensed are to be produced for
inspection.

(ii) The Registrar shall examine the jinrikishas and fittings when
so produced, and if they satisfy the requirements of this Enactment
and of all by-laws (if any) made thereunder, shall, in manner herein-
after provided, register the same unless registration is refused under
Sections 17, 18, or 21.

14. A license shall be issued in manner hereinafter provided for
each jinrikisha so registered as aforesaid.

15. (i) The following particulars shall be entered in the register
and shall be specified in the license issued to the owner : —

(a) The class and number assigned to the jinrikisha ;

(6) The duration of the license ;

(ii) Whenever the o\Mier of any licensed jinrikisha changes his
I'esidence he shall give notice thereof in writing signed by him to the
Registrar, specifying in such notice his new place of residence, and
shall at the same time produce his license to the Registrar, who shall
endorse thereon a memorandum of such change and correct the entry
in the register, and every owner who changes his residence and
neglects for seven days to give notice of such change and to produce
his license in manner aforesaid shall be liable, on conviction before
a magistrate, to a penalty not exceeding ten dollars.

16. (i) The Sanitary Board may, if it think fit, require every
person obtaining a license for a jinrikisha, before receiving his license,
to give security by the deposit of money with the Registrar, in
accordance with the scale contained in the second schedule thereto,
for his appearance before the Registrar and also (failing valid excuse)
for the appearance of the puller, w^hen they shall respectively be
required so to appear, and for his duly producing the jinrikisha when
called on by the Registrar to do so and paying all damages and costs
which may be recovered before any Court against himself or the
puller of such jinrikisha, for or by reason of the negligent or improper
management of such jinrikisha by the puller thereof, and for sur-
rendering his license and registration plates in accordance with
Sections 20 and 35 when called upon by the Registrar by written
notice to do so.

(ii) At the expiration of the term for which a jinrikisha has been
licensed, the licensee shall return the plates to the Registrar and the
Registrar shall return to the OAvner the sum deposited by him under
this section, or any balance thereof remaining in the hands of the
Registrar, unless he wishes to renew his licenses. Any owner of
jinrikishas failing to withdraw the amount deposited by him or the
balance thereof Avithin six years from date of the expiration of his
last license shall lose all claim to the same, and such amount shall be
paid into and form part of the Government revenue.

JINRIKISHA. 201

(iii) Where no security has been required under sub-section (i) Defaulting
of this section, it shall be lawful for the Registrar, in default of the °^^"''"-
payment by the owner or puller of any fine imposed by a court of
law, or hy the Registrar in the exercise of the powers vested in him by Amending b. of
this Enactment, to seize wherever found all or any of the licensed ^^'^^'
jinrikishas belonging to the defaulting owner or belonging to an
ov.ner Avhose licensed Jinrikisha was in charge of the offending puller
when he committed the offence, and to hold and detain such jin-
rildshas until all requirements have been complied with and all
penalties have been paid.

In the event of the non-payment of the penalty within one month
after the seizure of any jinrildsha, the Registrar may proceed to sell
it by public auction, and the net amount realized by such sale shall
be applied in or towards payment of the penalty, and the surplus (if
any) shall be paid to the owner, and, if unclaimed for a period of
twelve months, shall be transferred to the Reward Fund,

17. The Registrar may in his discretion refuse to issue a license Refusal of
to any applicant if, after due enquiry, it shall appear to him that ''°^'^^-
such applicant is not a fit and proper person to hold a license. A
report of such refusal shall be forthwith forwarded by the Registrar

to the Sanitary Board. o^^^^ ^^^^ ^,3

18. No license shall be issued to a person who is a minor or is not rL^aeatt^ a
at the time resident in a Sanitary Board area. sanitary Board

^ area.

19. Licenses shall, except as hereinafter provided, be for a period Period of

IIC6IIS6S

not exceeding four months.

20. (i) All licenses shall lapse at the end of the period for which Expired
they are issued and shall be returned by the owner to the Registrar ''°®'^^^^-
with the numbered plates issued therewith.

(ii) If, during the period for which a license has been issued for a
licensed jinrikisha and before the expiry of the license, it shall appear
to the Registrar after inspection and enquiry that the licensed jinriki-
sha has, from any cause, become unfit to ply and to be used for hire,
it shall be lawful for the Registrar to suspend the license and remove
and retain the plate until the licensed jinrikisha has been repaired
to his satisfaction and rendered fit to ply for hire.

21. Any owner committing repeated or persistent breaches of this Licenses may
Enactment or of rules or by-laws made thereunder may be refused

any licenses bj^ the Registrar ; but, in any such case, a report thereof
shall be forwarded to the Chairman of the Sanitary Board.

22. A consolidated tax, not exceeding four dollars for every four License tax.
months or portion thereof, to include all fees for registration,
branding plates, and other expenses, but not to include transfer fees

levied under Section 24, shall be payable by the owner for every
jinrikisha in respect of which a license is issued.

23. Whenever any plate shall be proved to the satisfaction of the owner entitled
Registrar to have been lost or mislaid or become obliterated or p°acrof^iUegibie
defaced, so that the same shall not be distinctly legible, the owner of p'^^*^^-

the jinrikisha to which such plate w^as affixed shall be entitled to
have a new plate affixed upon payment of such sum not exceeding
four dollars where the plate has been lost or mislaid, and one dollar

202

JINRIKISHA.

Trftiisfor of
Jiconso.

Notice to owner
to produce
jinrikisha for
inspection.

To be in Eng-
lish and
Cliinesc.

If complies
with require-
ment"; license
may be granted.

Owner to be
photographed.

No trust to be
entered.

Labour Code
to apply-
to contract
between owner
and puller.

where the plate has been obliterated or defaced, as the Registrar
shall from time to time appoint.

24. (i) The Registrar may at his discretion permit the transfer or
sale of an owner's license on registration and payment of a transfer
fee of twenty-five cents.

(ii) No such transfer or sale shall take place without the per-
mission of the Registrar, and all such transfers shall be made at a
Registration Office or in the presence of an officer appointed by the
Registrar.

(iii) Any person, other than the registered owner, who shall keep
for use a licensed jinrikisha which has not been transferred to him as
provided by this section, shall be liable to a penalty not exceeding
twenty-five dollars.

25. (i) Five days at least before the termination of a license the
Registrar shall give notice to the owner of the jinrikisha mentioned in
such license to produce such jinrikisha for inspection at a place and
time in such notice to be specified.

(ii) Such notice shall be in English and Chinese and shall be
served at the registered address of the owner,

(iii) If such jinrikisha is produced in accordance with such notice,
the Registrar shall examine the same and, if it satisfies the require-
ments of this Enactment and of all by-laws (if any) made hereunder,
shall on request grant a license for a further period not exceeding
four months.

This section shall not be in force in any Sanitary Board area unless
and until the Board shall have passed a resolution to the effect that
the same shall be in force within the area under its jurisdiction.

26. (i) Before a license is issued to any person as the owner of
a jinrikisha, he shall be photographed in such manner and at such
time and place as the Registrar may direct. One coj^y of such photo-
graph certified by the signature of the Registrar shall be furnished to
the owner and attached to a schedule, specifying the number of
jinrikishas of which he is the registered owner, and one copy shall be
retained by the Registrar and affixed to the register,

(ii) If the owner at any time proves to the Registrar that the copy
of such photograph furnished to him as aforesaid has been lost or
destroyed, a duplicate copy of such photograph certified by the
signature of the Registrar may be furnished to him on payment by
him of a sum not exceeding one dollar,

(iii) This section shall not be in force in any Sanitary Board area
unless and until the Board shall have passed a resolution to the effect
that the same shall be in force within the area under its jurisdiction.

27. No notice of any trust shall be entered on the register or be
receivable by the Registrar.

28. Every contract made between an owner of a licensed jinrikisha
and a person who agrees to act as a puller of jinrikishas, shall be
subject to the provisions of the Labour Code, 1895,^ and the puller
shall be deemed to be a " contract labourer " within the meaning of
that term as defined in the said Code.

1 Pg., Labour Code 15 of 1901.

JINRIKISHA.

203

29. There may be demanded by pullers for the hire of jinrikishas iiatcsof hire.
the rates of hire set out in the third schedule hereto, or such other

rates as the Resident may, from time to time, fix by order published
in the Gazette.

30. In the absence of any special agreement, no puller shall be Distance puiier
required to draw his jinrikisha a greater distance than three miles bound to travel.
without a rest of at least twenty minutes, or a greater distance than

ten miles in any one day, or to remain engaged for more than eight
hours at a time.

PART IV.
OFFENCES.

31. Any owner or other person changing or permitting to be owner's license
changed any fittings or part of any fittings of any jinrikisha as ™emiedi^a^
passed and licensed by the Registrar, and any owner imitating, certain case.«.
adding to, altering, defacing, or obliterating the numbers and marks

j)laced on the jinrikisha fittings for the purpose of identification,
shall be liable to have his license suspended and the jinrikisha
impounded for a period not exceeding the unexpired period of the
license, and shall further be liable, on conviction before a magistrate,
to a penalty not exceeding fifty dollars, and the parts and fittings
substituted for the original parts and fittings shall be forfeited.

32. Every person who shall for the purpose of deception use or False plates.
have any plate resembling or intended to resemble any plate affixed

under this Enactment, or shall use any plate for any jinrikisha other
thiyi that for which it was issued, shall, for every such offence, be
liable, on conviction before a magistrate, to a penalty not exceeding
one hundred dollars.

33. Every owner who shall use or permit to be used any plate illegible
after the number thereon shall have become obliterated, defaced, or ^'^™b^'^^-
obscured so that the same shall not be distinctly legible, shall, for
every such offence, be liable, on conviction before a magistrate, to

a penalty not exceeding twenty dollars, and to a suspension of his
license for a period not exceeding two weeks.

34. Any jinrildsha found plying or used for hire within the limits Jinrikisha
of a Sanitary Board area without being licensed and registered under
this Enactment, or without a plate affixed, or with defaced or de-
fective plates, or with plates which should have been returned to the
Registrar on the expiry of the license of such jinrikisha under the
provisions of this Enactment, may be seized by any police officer or

by a Sanitary Board officer duly authorized in that behalf, and
wearing a distinctive badge to indicate his official capacity, and the
owner or puller permitting the same to ply or be used as aforesaid ,
shall be liable, on conviction before a magistrate, to a fine not Penalty.
exceeding fifty dollars, and the jinrikisha may also be forefeited.

35. Within three clear days after the expiration of the period Eeturnof

for which any jinrikisha may have been registered under this p ^ ®^ ^ owner.
Enactment, the owner thereof shall cause the plates of such jinriki-
sha affixed under the provisions of this Enactment to be delivered

without num-
ber plates or
unresistered
may be seized.

204

JINRIKISHA.

Responsibility
lor offences.

E. G of 1909.

Owner to
produce jin-
rikisha on
demanrl of
Recistrar.

Impounding
of jinrikisha
wiien owner
fails to appear.

Amending E. of
1909.

to the said Registrar ; and any person wlio, after the expiration
of the period aforesaid, shall fail within the said period of three
days to deliver the plates to the said Registrar, and every person
who shall use or detain any plati^ aflixed in respect of a registration
which is no longer in force, shall, for every such offence, be liable,
on conviction before a magistrate, to a penalty not exceeding fifty
dollars.

36. (i) The owner of a jinrikisha shall be responsil)le for all
offences against this Enactment or any by-laws made thereunder
committed by the puller so long as the puller is actually in charge
of the jinrikisha, and shall be liable to pay all fines inflicted on the
puller in respect of such offences.

(ii) The Registrar may in his discretion prosecute or cause to he
prosecuted either the owner or puller of a jinrikisha, or both, for
any offence against this Enactment, or against any by-laws made
thereunder, committed by the puller whilst in charge of the
jinrikisha.

(iii) The Registrar and any officer of his department, specially
authorized thereto in writing by the Sanitary Board, may at all
reasonable times enter any premises upon which licensed jinrikishas
are kejit for the purpose of inspecting such jinrikishas and may
inspect the same. Any person wilfully hindering or obstructing
such entry or inspection shall be liable to a fine not exceeding one
hundred dollars.

37. (i) The owner and the puller of a licensed jinrikisha shall
be bound to appear before the Registrar whenever they sjiall
respectively be required to do so, and the owner shall also be bound
to produce such jinrikisha and puller when called upon by the
Registrar to do so, at such time and place as the Registrar shall
by writing appoint. Every owner and puller who fails without
reasonable cause so to appear, and every owner who fails without
reasonable cause so to produce such jinrikisha and puller, shall
be guilty of an offence, and shall be liable, on conviction before a
magistrate, to a fine not exceeding ten dollars, and the amount
of such fine may be deducted from any sum of money deposited
by the owner under Section 16 and shall be paid into and form
part of the Government revenue.

(ii) And any licensed jinrikisha found in the custody of a puller
plying for hire, such jinrikisha belonging to an owner who has
failed to appear before the Registrar for a period of seven clear
days after being summoned so to appear, may (upon the Registrar
paying to the puller thereof one day's hire of the jinrikisha) be
impounded and detained by the Registrar and dealt with as
prescribed by Section 39.

(iii) Any licensed jinrikisha found in the 'possession of any puller,
who by reason of disease, infirmity, or deformity is physically unfit,
in the opinion of the Registrar, to act as a puller, may be impounded
and detained by the Registrar, who may, after notice to the owner,
suspend the license of such jinrikisha for a period not exceeding one
month.

JINRIKISHA. 205

38. (i) A puller shall be guilty of an offence under this Enact- offences by
ment whenever he — p^ncr.

(a) Is not dressed in accordance with the requirements of any

by-laws made in that behalf ;

(b) Loiters on any public street or place ;

which he acts as puller in a manner that is to the common
danger ;

(d) Enters without invitation or license the garden or compound

of a private house, or the private road leading to a dwell-
ing house or dwelling houses not being either a road with
a name-post in it affixed by the Sanitary Board or a
thoroughfare ;

(e) Wilfully obstructs, endangers, or interferes with the traffic

in any public street or place ;

(/) Places the shafts of the jinrikisha over the foot pavement or

at right angles to the street ;
(g) Improperly leaves a passenger before the completion of his

engagement with such passenger ;
(h) Demands more than the authorized fare, or uses insulting

language, or behaves in a disorderly manner ;
(i) Is found plying for hire after dark without proper lamps

of the regulation pattern, or with lamps not properly

fitted, lighted, or closed ;
(j) Solicits passengers in a persistent or disorderly manner ;
(k) Without reasonable excuse uses the jinrikisha for the

conveyance of any person suffering from a dangerously

infectious disease or for the conveyance of a corpse ;
(l) Allows the jinrikisha to contain more than the lawful

number of passengers, or to contain articles forbidden to

be carried, or of greater weight than that allowed by any

by-law made under this Enactment ;
(w) When in charge of a jinrikisha refuses without a reasonable

excuse to let for hire such jinrikisha, while plj'ing for hire,

or standing at or being on a public stand or standing in

or passing along any public street, road, or place ;
(n) Without the consent of the owner hands over his jinrikisha

to another puller or otherwise improperly parts with

possession thereof ;
(o) Leaves his jinrikisha without some proper person to take

care of it in any street or at any place of public resort or

entertainment ;
[p) Is guilty of Avanton or furious pulling ;
(q) By carelessness or wilful misbehaviour, causes any hurt or

damage to any person or property ;
(r) Neglects to deposit immediately at a police station, or at

the registration office, or at a jinrikisha station, kept for

the purposes of this Enactment, all unclaimed property

left in any licensed jinrikisha.

206

JINRIKISHA.

Arrest of puller
without
warrant.
Amending K.
o£ I'JO'J.

Dctontiiin
anil trial.

Penalty,

Detention of
jinrikisha.

Suspension of
license.

Disposal of
detained jin-
rikishas.

Registrar to
dispose of pro-
perty left on
jinrikishas.

(ii) .1 inj police officer or any Sanitary Board officer duly autho-
rized in that behalf and loearing an official badge of his employment
may arrest ivithout warrant any puller committing in his sight any
ofjence mentioned in sub-section (i), or whom, on the complaint of
any person, he has reason to believe to have committed any such offence
within the twelve hours immediately preceding such complaint.

(iii) Every puller so arrested shall be taken tvith all convenient speed
to a police station or to the office of the Registrar of Jinrikishas, so
that he may be charged with and tried for the offence, and he may he
detained in custody until such trial.

(iv) Every puller convicted of any such offence shall be liable to
a fine not exceeding fifty dollars or to impriso)iment of either description
for a term not exceeding three months, or to both. The amount of any
such fine may be deducted by the Registrar from any money deposited
by the owner under Section 16 and shall be paid into and form part of
the Government revenue.

(v) When any puller is arrested under this section, the jinrikisha
of which he is the puller may be taken to the office of the Registrar
or to a jinrikisha station and detained, pending the hearing of the
charge against the puller.

(vi) In addition to, or in lieu of, imposing a fine or imprisonment
a magistrate may suspend the license of the jinrikisha for any period
not exceeding one tnonth ; and in that case shall cause a notice of such
suspension to be served on the owner personally or at the registered
address of the owner, calling on him to surrender such license and
jinrikisha, w.hich he shall thereupon be bound to do.

39. If on the expiration of the period for which any jinrikisha
may have been detained by the Registrar such jinrikisha be not
claimed and removed within one month by the owner, the Registrar
shall be at liberty to sell it by auction in the first instance, or
failing sale by auction to dispose of it otherwise, or cause it to be
destroyed, and the proceeds if any shall be paid into the Reward
Fund if unclaimed for a space of twelve months.

40. (i) Every jinrildsha puller shall forthwith deposit at a police
station, or at the registration office, or at a jinrikisha station, kept
for the purposes of this Enactment, all money or other property
left in any licensed jinrikisha of which he is in charge and not
claimed by the owner thereof, and the person in charge of every
such station or office shall forthwith give a receipt to the puller for
such money or other property and shall transmit such money or
other property to the Registrar.

(ii) The Registrar may keep any money or other property left
in a licensed jinrikisha, which shall be deposited with him under
the provisions of this Enactment, for a period of three calendar
months, except in the case of perishable articles, which may be
sold at once ; and if at the end of the three calendar months such
property be not claimed, he shall cause all such property as shall
not consist of money to be put up for sale by public auction. Such
money and the proceeds of any such auction after j)aynient of all
expenses that may be incurred, and of such sum to the puller as
the Registrar shall award, shall be paid into a fund to be called

JINRIKISHA. 207

the " Reward Fund," of which an account shall be kept and audited
in the same manner as other Sanitary Board accounts.

(iii) The Registrar shall keep a register of all money and other
property deposited with him under this section and of the disposal
thereof : such register to be in such form as the Sanitary Board
shall from time to time prescribe.

41. Property deposited Avith or recovered by the Registrar, under Property left ia
the provisions of this Enactment, shall be returned to the person i-eTunied\o° '^'^
who shall prove to the satisfaction of the Registrar that the same owner.
belongs to him, on payment of all expenses reasonably incurred and

of such reasonable sum to the puller as the Registrar shall award.

42. (i) It shall be lawful for the Registrar to pay out of the Application of
Reward Fund rewards to persons who may deposit unclaimed ^'^'^^^'^ ^''""''•
property left in jinrikishas with the Registrar, also to persons who

may render any service or give any information to the Jinrikisha
Department which may lead to the detection or suppression of
offences under this Enactment.

(ii) The Resident may, from time to time, direct any portion of
the Reward Fund to be paid to the credit of and form part of the
Government revenue.

43. Upon any complaint made to the Registrar by an owner or Registrar to

nnllpr of ■ prosecute in

£JUliei Ui certain cases.

(a) Assault or criminal force or any like offence committed

against the puller whilst acting as the puller ;

(b) Failure or refusal to pay proper fare ;

any of its fittings or appurtenances ;

(d) Absconding with jinrikisha or abstracting any part or any

of its fittings or appurtenances ;

the Registrar shall enquire into the case, and for this purpose shall
have power to summon the person or persons complained of to
attend before him, and, if the complaint appears to him to be just,
he shall prosecute or cause to be prosecuted the person or persons
complained of or such other persons as he may deem to have
offended.

Any person failing without reasonable cause to appear when
summoned under this section shall be liable, on conviction before
a magistrate, to a fine not exceeding fifty dollars.

44. If any person hiring a licensed jinrikisha shall refuse to pay Refusal to
to the puller the fare payable under this Enactment, he shall be P»y^i^et.y
liable, on conviction before a magistrate, to pay in addition to the

fare a fine not exceeding twenty-five dollars, which fine or any part penalty.
thereof the magistrate may adjudge to be paid to the owner or
puller as compensation for any loss of time he may have sustained.

45. Any person using a licensed jinrikisha who shall cause any injury to
injury to such jinrikisha shall, on summary conviction, if such pas's'enger.''^
injury be caused by negligence, pay to the owner such compensation ^

as the magistrate may determine, and if such injury be wilful in ®°''"'^-

208

JINEIKISHA.

Fraudulent
marking,' of
jinrikislias.

False die.

Lost plates
when found
to be delivered
to Registrar.

If a charge be
not proved
owner and
puller may be
paid compen-
sation.

Owner to pay
compensation
for damage
done by
jinrikisha

Owner can
recover from
puller.

Registrar may
prosecute owner
or puller or
cancel or
suspend license.

Jurisdiction of
Registrar.

Amending E. of
1909.

addition to the payment of such compensation as aforesaid be
liable to a fine not exceeding fifty dollars.

46. (i) Whoever, except in accordance with the provisions of
this Enactment, marks any jinrikisha or the fittings thereof so that
it may be believed by any person whatever that such jinrikisha
has boon licensed, passed, or inspected by the Registrar, shall, for
every such oflfence, be liable, on conviction before a magistrate,
to a penalty not exceeding fifty dollars.

(ii) Whoever, except as aforesaid, has in his possession any die,
plate, or other instrument with intent to use the same for marking
any jinrikisha or the fittings thereof with intent to cause it to be
believed by any person whatever that such jinrikisha has been
licensed, passed, or inspected by the Registrar, shall, for every such
offence, be liable, on conviction before a magistrate, to a penalty
not exceeding one hundred dollars.

47. If any plate, which shall have been proved to have been lost
or mislaid, shall afterwards be found, it shall forthwith be delivered
to the Registrar, and every person in and into whose possession
any such plate shall be or come who shall refuse to deliver the
same to the Registrar or his agent or any police officer by whom
it may be demanded, shall, for every such offence, be liable, on
conviction before a magistrate, to a penalty not exceeding fifty
dollars.

48. If a charge made under Section 38 of this Enactment be
found by the Registrar to be not proved, there may be paid out of
the Reward Fund to the owner and puller, respectively, such sum
not exceeding in the case of the owner two dollars, and in the case
of the puller fifty cents, for each day or part of a day during which
the jinrikisha has been detained, as shall be a reasonable compensa-
tion for the loss sustained by them, respectively, by such stoppage
and detention.

49. In every case where any hurt or damage shall have been
caused, the magistrate upon the hearing of the complaint may
adjudge as and for compensation to the party aggrieved a sum not
exceeding fifty dollars, and may order the owner of the jinrikisha,
the puller of which shall have caused such hurt or damage, forth-
with to pay such sum and also such costs as shall have been
incurred ; and payment thereof shall be recoverable from such
owner as a fine ; and any sum which shall be so paid by the owner
may in like manner be recovered in a summary way before a
magistrate from the puller through whose fault such sum shall
have been paid upon proof of the payment thereof.

50. All complaints against owners or pullers of licensed jinrikishas
may be made in the discretion of the complainant to the Registrar
of Jinrikishas, who, after due enquiry into the matter, may cause
such owner or puller to be prosecuted, or may cancel or suspend
the license of such owner or puller or the license of each.

50a. (i) Every charge of an offence committed by an owner of a
jinrikisha or by a puller against the provisions of this Enactment or
of any by-laiv made thereunder may be heard and determined in a
summary manner either by the Court of a magistrate in the exercise of

JINRIKISHA. 209

its criminal jurisdiction or at the office of the Registrar of Jinrikishas
by the Registrar, provided that the Registrar shall have been appointed
to be a magistrate in accordance with the provisions of the law for the
time being relating to the appointments of magistrates, and the Registrar
may, subject as aforesaid, make ariy order or impose any penalty
authorized by this Enactment to be made or imposed by a magistrate
on an owner or a pidler on conviction of such offence.

(ii) For the purpose of the exercise of the jurisdiction hereby conferred
the Registrar shall have and may exercise all the powers of the Court
of a magistrate in the exercise of its criminal jurisdiction.

(iii) Any order made or sentence imposed by the Registrar in the
exercise or intended exercise of the jurisdiction hereby conferred shall
be subject to supervision, revision, and appeal in the same man7ter and
to the same extent as if it had been made or imposed by the Court of a
magistrate.

PART V.

GENERAL.

51. The Sanitary Board may, with the approval of the Resident, By-iawg
make by-laws for carrying out the purposes of this Enactment, and
in particular may in like manner make by-laws for any of the
following purposes : — •

(a) To provide for the licensing and registration of jinrikisha

jjullers and for the photographing of licensed pullers ;

(b) To prescribe the time for the licensing of pullers, the period

for which they may be licensed and the time for the expiry
of pullers' licenses ;

the issue, use, and possession of such badges ;

(d) To prescribe for the suspension or cancelling of the licenses

of pullers in certain cases ;

(e) To prescribe the fee to be taken in respect of the issuing of

pullers' licenses ;

(/) To classify the jinrikishas to be used within the Sanitary
Board area and to prescribe the number of each class which
may be licensed ;

(g) To prescribe the manner in which licensed jinrikishas may
be used, as to the number of passengers and the nature
and quantities of the goods that may be conveyed therein ;

(h) To describe the fittings with which licensed jinrikishas must
be furnished ;

and such by-laws shall, upon publication in the Gazette, have the
force of law.

1—14

210

JINRIKISHA.

General
penalty.

Extension of
Enactment to
country dis-
tricts.

Sale of
jinrikishas
under execution
or distress
warrant.

Service of
notices.

52. Any broach of t\w provisions of this Enactment or of any
hy-hxw made thereunder, for which no penalty is specially prescribed
by this Enactment, shall be punishable, on conviction before a
magistrate, by a fine not exceeding fiftj'^ dollars,

53. (i) It shall be lawful for the Resident, from time to time, by
notification in the Gazette., to apply all or any of the provisions of this
Enactment, with such modifications as may be deemed necessary or
expedient, to any village, district, or place outside the limits of any
Sanitary Board area.

(ii) When any such provisions are so applied, the Resident may
appoint such officers as he thinks fit to perform the duties of
Registrar and the other duties required to be done under such
provisions.

54. No sale of any licensed jinrikisha in execution or under a
distress warrant shall take place unless and until twenty-four
hours' notice of the time and place of such sale has been given by
the court oflficer in charge of such sale to the Registrar.

55. Every notice, order, or document required or authorized by
this Enactment, or by any rules or by-laws made thereunder, to be
served on any person, may be served in the manner prescribed by
the law of Civil Procedure for the time being in force in respect of
the service of summonses.

The First Schedule,^
ENACTMENTS REPEALED.

Niimber and date.

Regulation IV. of 1894
Regulation VIII. of 1894

Short title.

Jinrikisha Regulation,
1894

Sanitary Boards Amend-
ment Regulation, 1894

Extent of
repeal.

The whole

Section 2

The Second Schedule.

ikishas at the rate of .$ 5 each.
100

1 to 10 jinr

11 to 50

51 to 100
101 to 150
151 to 200
above 200

Pahang — a rate not exceeding %[
1 Selangor only.

200
250
300

3 each jinrikisha.

for each jinrikisha.

FERRIES.

Perak.

Selangor.

Negri Sembilan.

Pahang.

E. 1 of 1901

E. 18 of 1900

E. 2 of 1901

E. 1 of 1901

1.4.1901

13.12.1900

11.3.1901

1.1.1901

21.6.1901

11.1.1901

12.4.1901

1.3.1901

An Enactment to provide for tlie licensing of Ferry
Boats.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as the "Ferries Enactment, short title and
1900," and shall come into operation upon publication thereof in ment!^°*^^"
the Gazette.

2. In this Enactment, unless a contrary intention appears from interpretation.
the context, the expression " ferry " means any passage to and fro
between landing places on opposite banks or shores of a river or

estuary which has been proclaimed to be a ferry under this Enact-
ment by notice in the Gazette signed by the District Officer or District
Officers of the District or Districts within which such landing places
are included, and the expression " ievry boat " means any boat
plying between such landing places.

3. From and after the coming into operation of this Enactment Ferry boats to
no boat shall ply for hire as a ferry boat upon any estuary or river ^^ licensed.
or convey for hire passengers, animals, or goods across any river or
estuary within one mile of a ferry across such river or estuary unless

such boat shall be licensed thereto in the manner provided by this
Enactment.

4. It shall be lawful for the District Officer of any district, or Power to
any other officer appointed in that behalf by the Resident, to issue officer

a license to ply as a ferry boat in respect of any boat which shall be *°g^gg|
of such size and build, and in such condition as to be, in his opinion,
fit and proper to be used for such purpose.

5. Every such license shall state the jDlace at which such boat is conditions of
licensed to ply for hire, but shall convey no monopoly in respect
thereof. Such license shall also state the nature of the traffic for

which such boat is licensed, whether for passengers only or for heavy
traffic only, or for both, together with the maximum rate to be
charged for passengers, animals, and goods, respectively, and the
maximum number of passengers or animals and weight or bulk of
goods which may be carried at any one trip.

211

212

FERRIES.

Plates and
numbers to be
allixod to boats.

Boats to plj at
all hours.

Prohibition.

Penalty for
plying with
unlicensed
boat.

Penalty for
refusing to
convey

passengers, etc.

6. There .shall be payable in respect of every such license a fee of
five dollars, and .such license shall remain in force for the period of
twelve months from the date of issue, provided that it shall be lawful
for the licensing olUcer to suspend or cancel the same, upon proof of
the unfitness or unsoundness of the boat, or of the breach by the
licensee of any of the conditions contained in his license, or of any of
the obligations imposed upon him by this Enactment.

7. There shall be aflixed, in a conspicuous place upon the side of
every licensed ferry boat, a tin plate; of such size as the licensing
officer may direct, bearing, in intelligible characters, the words
" Licensed Ferry Boat," together with the number of passengers or
animals or the weight or bulk of goods, as the case may be, which
such boat is licensed to carry. There shall also be painted in a
conspicuous position upon every licensed ferry boat a number
corresponding with the number of the license.

8. It shall be incumbent upon the licensee of every ferry boat to
have his boat ready to ply for hire at all hours, upon tender by a
passenger of such rate of hire as may be stated in his license.

9. No licensed ferry boat, unless the license contains a special
Ijermission to do so, shall carry any horses, cattle, ponies, pigs, sheep,
or goats at the same time as ordinary passengers.

10. Any person who shall use for hire, as a ferry boat, or to convey
for hire passengers, animals, or goods across any river or estuary
within one mile of a ferry across such river or estuary, any boat not
duly licensed under this Enactment, or who shall use a boat licensed
under this Enactment in any manner not authorized by the license,
shall be liable to a fine not exceeding twenty-five dollars.

11. The licensee of any licensed ferry boat, or his agent or servant
in charge of the same, who shall, without reasonable excuse (the
proof of which shall lie upon him), neglect or refuse to convey a
passenger, or goods, or animals, as the case may be, upon tender of
such rate of hire as is stated in his license, or who shall charge or
demand a higher rate than is stated in such license, shall be liable
to a fine not exceeding twenty dollars.

PLAGUE.

Perak.
E. 4 of 1901
13.5.1901
19.7.1901

E. 8 of 1901

Selangor,
E. 5 of 1901
3. G. 1901
20.9.1901

Negri Sembilan.
E. 6 of 1901
9.5.1901
25.5.1901

Pahang.
E. 14 of 1901
13.9.1901
1.10.1901

as amended by
E. 9 of 1901 E. 13 of 1901

State or district

jaroclaimed

infected.

An Enactment to prevent the propagation of Plague.

Whereas by an International Convention held at Venice in the year Preamble.
1897, certain general Sanitary Regulations were agreed upon for
preventing the invasion and propagation of plague, and it is
expedient that the Government of this State should have power to
put into forpo within the State the provisions of the said Convention
with regard t() persons leaving infected places and the exjjortation
of merchandise therefrom : It is hereby enacted by His Highness
the Sultan in Council as follows :—

1. This enactment may be cited as "The Plague Enactment, short title.
1901," and shall come into force upon the publication thereof in the
Gazette.

2. Whenever plague has broken out or exists in the State or in
any district thereof, it shall be lawful for the Resident to notify by
proclamation that the State or the district thereof in which plague
has broken out or exists is an area infected with plague and by the
same or any subsequent proclamation to order that all or any of the
provisions of this Enactment shall apply to such area.

3. (i) In every infected area every person taking a passage on Passenger
board any vessel to any place beyond such area shall be examined arel"^^ infected
by a medical officer appointed by the Resident for that purpose.

(li) Such examination shall be by daylight on land and immedi-
ately before the time of embarkation.

(iii) The Consular representative (if there be such a representative
in the State) of the nation to which the vessel belongs may be present
at the examination.

(iv) No person who in the opinion of the medical officer is suffering
from plague shall be permitted to embark,

4. The following are deemed to be susceptible articles within the Susceptible
meaning of this Enactment :— articles.

(a) Wearing apparel, whether in wear or not ; bedding, bed
linen, blankets, and all things of a like nature ;
213

214

PLAGUE.

rowpr to
prohibit
exportation of
any class o£
susceptible
goods.

Permission of
Health Oflicer
to export.

Disinfection
of susceptible
articles.

I'ower
rules.

Penalties.

Amendin;
1901.

E. of

Procedure
when area
ceases to be
infected.

(b) Rags, wlicthcr compressed or not compressed, and shoddy ;

(d) Used carpets, curtains, rugs, embroideries, tabic linen, table

covers, and ornamental textures of any kind ;

(/) Hoofs, horns, claAvs, hair, peltry, raw silk, wool, and all other
unmanufactured animal products and human hair,

5. (i) It shall be lawful for the Resident at any time to prohibit
by order the exportation from an infected area of any class of
susceptible goods named in such order.

(ii) Such prohibition shall not apply to goods in transit through
the infected area, packed or stowed in such manner that they cannot
come in contact with any person or thing.

6. No susceptible articles shall be exported without the permission
of the Health Officer.

7. All susceptible articles forming part of any passenger's baggage
and any susceptible article intended for exportation as merchandise
from the infected area which may be considered by the Health
Officer to be contaminated or suspected, shall be disinfected on shore
before exportation under the inspection of the Health Officer in
such manner as the Resident shall from time to time by any rule
direct.

8. It shall be lawful for the Resident, with the approval of the
Resident-General, from time to time to make rules prescribing the
method of disinfection to be applied in respect of each class of
susceptible goods ; the places and times at which, and the periods
during which, such methods are to be applied, and generally for
effectually carrying out the provisions of this Enactment.

9. Every person shall be guilty of an offence and shall be liable to
imprisonment for any term not exceeding twelve months or to a fine
not exceeding two thousand dollars or to both such punishments
who, in any area proclaimed as infected under this Enactment —

(a) Embarks or attempts to embark on a voyage to any place out
of the area without the permission of the Health Officer ;

(&) Avoids or attempts to avoid the examination prescribed by
Section three ;

Section five ;

(d) Exports or attempts to export any susceptible goods as

passenger's baggage or otherwise without the permission of
the Health Officer ;

(e) Is guilty of any contravention of any rule made by the

Resident, with the approval of the Resident-General, under
the provisions of this Enactment.

10. Whenever it appears to the Resident that an area proclaimed
under this Enactment has ceased to be infected with plague, he shall
by proclamation notify that such area is no longer infected with
plague and thereupon the provisions of this Enactment shall no
longer be in force therein.

PAUPER ALIENS EXCLUSION.

Perak.

Selangor. .

Negri Sembilan.

Pahang.

E. 6 of 1902

PI 9 of 1902

E. 5 of 1902

E. 6 of 1902

6.9.1902

9.6.1902

23.6.1902

11.9.1902

3.10.1902

25.6.1902

4.7.1902

1.10.1902

An Enactment to repeal and re-enact with an amendment
" The Pauper Aliens Exclusion Enactment, 1901,
Amendment Enactment, 1901," ^ being an Enactment
to prevent the introduction into the State of decrepit
and indigent Aliens.

It is herebj^ enacted by His Higliness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Pauper Aliens Exclusion short titie aud
Enactment, 1902," and shall come into force upon the publication mra™^"'^^"
thereof in the Gazette .

2. It shall be lawful for the Health Officer of any port to refuse Power to
permission to land in or to enter the State to any person, not being sfo^uToSepit
a native of the State, who may be suflfering from physical disability, paupers.
whether due to disease, old age, general debility, loss of limb or

sight, or other affliction, to such an extent as to render him incapable
of earning his own Livelihood, unless such person is able to prove to
the satisfaction of such officer, or of a Magistrate, that he has means
of support, or produces sureties to the satisfaction of a Magistrate
that he will not on account of such physical disability become a
charge upon the State.

3. In ports or other places on the coast where there is no Health Powers or
Officer, and at places on the frontiers of the State, the powers con- ^°"'^^"
ferred on the Health Officer by Section 2 hereof shall be exercised by

the officer in charge of the nearest police station to such ports or
places.

4. Any person in charge of a vessel, and any other person who penalty.
shall in any way assist any person suffering under such physical
disability as aforesaid, who shall not be able to j^rove that he has
means of support or to produce sureties, as aforesaid, to land in or
enter the State shall be liable, on conviction before a Magistrate, to

a fine not exceeding one hundred dollars.

5. Any Magistrate, upon the complaint of any police officer not Enquiry and
below the rank of sergeant, that any person suffering under such decTepit^
physical disability as aforesaid, who has not resided for the three pauper,

1 Omit the words " Amendment Enactment, 1901," in Perak and Pahang.

215

216

PAUPER ALIENS EXCLUSION.

Repeal.

months previoiis^I}'^ in the State, has been found begging, or lias
heconie a charge ujion the State, may cause such person to be
brought before him and may examine such person and any witnesses,
touching the place from which he was brought to the State, and the
ship, if any, from Avhich he was landed, and may cause him to be
returned to the place from which he was so brought, in such manner
as may, from time to time, be directed by the Resident, and the
reasonable cost of so returning him shall be borne and paid by the
master of the ship, if any, from which he was landed, and may bo
recovered at law by ordinary suit. ^

6. The Enactment specified in the schedule hereto is repealed
to the extent mentioned in the third column thereof.

Schedule.

Number and date.

Short title.

Extent of
repeal.

Pk. : E. 16 of 1901

The Pauper Aliens Exclu-

The whole

Pg. : E. 8 of 1901

sion Enactment, 1901

The Pauper Aliens Exclu-

Do.

Sel. : E. 12 of 1901

sion Enactment, 1901,

N.S. : E. 18 of 1901

{

Amendment Enact-
ment, 1901

DECREPIT VAGRANTS.

Perak. Selangor. Negri Sembilan. Pahang.

E. 9 of 1902 E. 11 of 1902 E. 6 of 1902 No corresponding

law in Pahang
6.9.1902 9.6.1902 23.6.1902 —

3.10.1902 25.6.1902 4.7.1902 —

All Enactment to provide for the control and relief of
sick and decrepit Vagrants.

It is hereby enacted by His Highness the Sultan in Council as
follows :—

1. This Enactment may be cited as ' ' The Decrepit Vagrants short title and
Enactment, 1902," and shall come into force upon the date of its '=«"™eiicement.
publication in the Gazette.

3. It shall be lawful for the Resident from time to time, with the Establishment
approval of the Resident-General, by notification in the Gazette to wardl^^"*^
establish vagrant wards and to declare any existing prison or part
thereof, or any other fit and proper place, to be a vagrant ward for
the purposes of this Enactment.

3. The Resident may appoint a Suj)erintendent and such other Appointment
officers as may be necessary to carry out the purposes of this °^°^^^^'^^-
Enactment.

4. (i) The Resident may from time to time, with the approval of Rules.
the Resident-General, make rules for the management of vagrant
wards and for the control and discipline of the inmates thereof.

(ii) All such rules shall be published in the Gazette and shall
thereupon have the force of law.

(iii) The Resident when making any rules under this section may
in any case in which he shall think necessary, impose a fine for the
breach thereof not exceeding twenty-five dollars.

5. (i) Any person arrested as an offender in respect of any of the Medical
provisions of Section 29 sub-section (i) or (ii) of the " Small Offences examination of
Enactment, 1898," shall be brought as soon as possible after his

arrest before a Government medical officer not below the rank of
Assistant Surgeon.

(ii) Such officer shall thereupon medically examine the person
arrested and shall certify in writing whether he is physically capable
of earning a livelihood or otherwise, and shall deliver such certificate
to the police officer in charge of the person arrested for production to
the Magistrate at the trial.

217

218

DECREPIT VAGRANTS.

Power to order
detention in
vagrant ward.

Discharge from
ward.

Power to order
further
detention or
discharge.

Resident may
order discharge
or removal.

Removal to
another State.

Arrest of
persons
absconding
from vagrant
ward.

6. It shall he lawful for any Magistrate before whom any person
is convicted of an offence under Section 29 sub-section (i) or (ii) of
the " Small Olfcnces Enactment, 1898," in lieu of imposing a penalty
under the provisions of that Enactment, to order by warrant under
his liand and seal the detention of such person in such vagrant ward
as may be specified in the warrant for any period not exceeding one
year ; but no such order shall be made except on production of a
certificate as prescribed by Section 5 (ii) that the person convicted is
physically incapable of earning a livelihood.

7. It shall be lawful for the Superintendent of any vagrant ward
to discharge any inmate thereof detained under the warrant of a
Magistrate so soon as any Government medical officer not below the
rank of Assistant Surgeon shall make and deliver to such Superin-
tendent a certificate in writing that such inmate is physically capable
of earning a livelihood, or on other arrangements being made for his
maintenance to the satisfaction of any Magistrate.

8. Every person who has been detained in any vagrant ward or
wards for an unbroken period of one year shall be forthwith brought
before a Magistrate together with the warrant under which he has
been so detained, whereupon it shall be lawful for the Magistrate
before whom such person is brought to order by warrant under his
hand and seal that he be detained for any further period not
exceeding one year or that he be discharged.

9. The Resident may at any time by order in writing discharge
any person detained in a vagrant Avard or may direct his removal
from any vagrant w^ard to any other vagrant ward, and such order
shall be sufficient authority for the removal of such person and also
for his reception into the ward to which he is ordered to be removed.

10. (i) Any person detained or ordered to be detained in a vagrant
ward by a warrant issued under this Enactment may by order of the
Resident be transferred to any other of the Federated Malay States
there to undergo such detention or the residue thereof.

(ii) No such order shall be made except with the consent of the
Resident of the State to which such person is to be transferred, and
such consent shall be expressly set forth under the hand of the said
Resident on the face of the said order.

(iii) Upon the transfer of such person he shall be conveyed to
such vagrant w^ard in the State to which he has been transferred as
the Resident of such State shall direct and shall thereafter be dealt
with as if the warrant for his detention had issued under the law in
force for the time being in such State for the control and relief of sick
and decrepit vagrants.

11. Every person received into a vagrant ward under any warrant
issued under the provisions of this Enactment may be detained there-
in until he be removed or discharged, and in case of escape may by
virtue of such warrant be captured by the Superintendent of such
ward or any officer or servant belonging thereto or any police officer
and be again conveyed to and received and detained in such ward.

DECREPIT VAGRANTS. 219

12. (i) Visiting Justices appointed under " The Prisons Enact- inspection of
ment, 1901," ^ shall when serving in their turn as Visiting Justices visitors/
for any month visit all vagrant wards within the area for which they

are appointed at least once during each time of duty and shall on
every visit hear every complaint which any inmate may wish to make
to them.

(ii) In places for which no Visiting Justices are appointed under
" The Prisons Enactment, 1901," ^ the Resident may appoint any
officer or officers to visit any vagrant ward as often as may be
necessary.

13. The Visitors shall record their visits in a Visitors' Book to be visitors' Book.
kept at the vagrant ward and shall enter therein any remarks or
suggestions which they may have occasion to make. This book

shall be transmitted to the Resident for his inspection on the first day
of each month.

14. Every Magistrate having jurisdiction in the place where any inspection of
vagrant ward is situated may, whenever he thinks fit, enter into and Magistrate.
examine the condition of such ward and of the inmates and may enter

any observations he may think fit to make with reference to the
condition of the ward or the inmates in the Visitors' Book.

1 Pk. and N.S., 1899.

CRIMINAL PROCEDURE CODE.

Short title,
commence-
ment, repeal.

Interpreta-
tion.

" Complaint.'

" Enquiry.'

" Judicial
proceeding."

Perak. Selangor. Negri Scmliilan. J'ahang.

E. 19 of 1902 E. 16 of 1902 E. 4 of 1903 E. 1 of 1903

22.11.1902 — 13.1.1903 30.3.1903

1.1.1903 1.1.1903 — 18.5.1903

as amended by

E. 7 of 1904 E. 7 of 1904 E. 7 of 1904 E. .'5 of 1904

E. 8 of 1905 E. 1 of 1905 E. 25 of 1904 E. 17 of 1904

E. 14 of 1905 E. 14 of 1905 E. 11 of 1905 E. 14 of 1905

— E. 16 of 1905 E. 17 of 1905 E. 15 of 1905

and by Fed. E. 4 of 1913, 20 of 1916, 29 of 1918, and 22 of 1919.

An Enactment to repeal and re-enact with amendments
the Criminal Procedure Code, 1900.

It is hereby enacted by His Highness the Sultan in Council, as
follows : —

PART I.

PRELIMINARY.

Chapter I.

1. (i) This Enactment may be cited as " The Criminal Procedure
Code, 1903," ^ and is generally referred to hereinafter as " this
Code," and shall come into force on publication in the Gazette.^

(ii) On and after the coming into force of this Code the Enact-
ments mentioned in the first Schedule shall be repealed to the extent
therein specified.

(iii) When in any Enactment passed prior to the date on which
this Code comes into force reference is made to any Enactment here-
by repealed, such reference shall, so far as may be practicable, be
read as applying to this Code or the corresponding part thereof.

2. In this Code, unless a different intention aj)pears from the
subject or context : —

(a) " Complaint " means the allegation made, orally or in writing,
to a Magistrate, with a view to his taking action under this Code, that
some person, whether known or unknown, has committed or is guilty
of an offence.

(h) " Enquiry " includes every enquiry conducted under this Code
before a Magistrate.

1 Pk. and Sel., 1902.

2 Pk., " 1st day of January, 1903."
220

CRIMINAL PROCEDURE CODE.

221

" Warrant
case."

" Summons
case."

Writing"

and .
Written."

" Police
District."

(d) "Warrant case" means a case relating to an offence punish-
able with death or penal servitude, or with imprisonment for a term
exceeding six months.

(e) " Summons case " means a case relating to an offence not so
punishable.

(/) " Writing " and " Written " include printing, lithography,
photography, engraving, and every other mode in which words or
figures can be expressed on paper or on any other substance.

(g) " Police District " means any area constituted a Police District
by the Resident by notification in the Gazette and, unless and until
districts are so constituted, means an ordinary administrative district
or sub-district.

(h) " An Officer in charge of a Police District " includes, when the " officer in
Officer in charge of a Police District is absent therefrom, or unable pot[ce "
from illness to perform his duties, the Police Officer present and acting district."
in the district who is next in rank below such Officer.

(i) " Offence " means any act or omission made punishable by any
law for the time being in force.

(j) " Seizable offence " means an offence for which, and " seizable
case " means a case in which, a Police Officer may ordinarily arrest
without warrant according to the third column of the second
Schedule.

(k) " Non-seizable offence " means an offence for which, and
" non-seizable case " means a case in which, a Police Officer may not
ordinarily arrest without warrant according to the third column of
the second Schedule.

(l) " Bailable offence " means an offence shewn as bailable in the
second Schedule, or which is made bailable by any other law for the
time being in force ; and " non-bailable offence " means any other
offence.

(m) " Fine " includes any fine, pecuniary penalty, or forfeiture or
compensation adjudged upon any conviction of any crime or offence,
or for the breach of any Enactment for the time being in force, by
any Court of the State.

(n) " Place " includes a house, building, tent, and vessel.

(o) " Legal Adviser " means the Legal Adviser of the Federated
Malay States and includes any Advocate employed with the per-
mission, in writing, of the Legal Adviser under the provisions of
Section 304 sub-section (v).

(p) " Advocate " means any person admitted by the Judicial
Commissioner to practise in the State.

(q) " Registrar " means Registrar of the Court of a Judicial
Commissioner, and includes Deputy Registrar or any person for the
time being performing the duties of Registrar or Deputy Registrar.

(r) " Federated Malay States " means the four States of Perak,
Selangor, Pahang, and Negri Sembilan.

(s) " Youthful offender " includes any child convicted of any
offence punishable by fine or imprisonment who in the absence of
legal proof to the contrary is above the age of seven and under the

" Offence."

" Seizable
offence " and
" seizable case.'

" Non-seiz-
able offence '
and " non-
seizable
case."

" Bailable
offence."

Fine.'

• Place."

" Legal
Adviser."

" Advocate."

" Registrar."

" Federated
Malay States.'

" Youthful
offender."

222

CRIMINAL PROCEDURE CODE.

WorJs referring;
to acts includo
Illegal
Orais«;ions.
Words to liave
same meaiiiiit,'
as in Penal
Code.
" Kinfj's

Effect of mar-
ginal notes.

Trial of offences

under Penal

Code.

Trial of offences

ap^ainst
other laws.

Law of
Colony, when
applicable.

apjo of sixteen years in the opinion of the Court before which .such
chihl is convicted.

(!) Words which refer to acts done extend also to illegal omissions.

{u) All words and expressions used herein, and defined in the
Penal Code, and not hereinbefore defined, shall be deemed to have
the meanings respectively attributed to them by that Code.

(v) " King's coin " shall have the meaning assigned to the words
" Queen's coin " in the Penal Code.

(w) The marginal notes of this Code shall not affect the con-
struction thereof.

3. All offences under the Penal Code shall be enquired into and
tried according to the provisions hereinafter contained, and all
offences under any other law shall be enquired into and tried
according to the same provisions : subject, however, to any Enact-
ment for the time being in force regulating the manner or place of
enquiring into or trying such offences.

4. As regards matters of Criminal Procedure for which no special
provision may have been made by this Code or by any other laA\'
for the time being in force in the State, the law relating to Criminal
Procedure for the time being in force in the Colony shall be applied
so far as the same shall not conflict or be inconsistent with this
Code and can be made auxiliary thereto.

Criminal

Courts.

Courts to be
open.

PART II.

GENERAL PROVISIONS AS TO CRIMINAL COURTS.

Chapter II.

OF CRIMINAL COURTS GENERALLY.

5. (i) The Courts for the administration of criminal justice in the
State shall be those constituted by the Courts Enactment, 1900,^
or by any other law in force for the time being.

(ii) The place in which any Criminal Court is held for the purpose
of enquiring into or trying any offence shall be deemed an open and
public Court to which the public generally may have access ; but
any Criminal Court conducting a preliminary enquiry into any
offence with a view to committal may, on special grounds of public
policy or expediency, in its discretion, exclude the public, including
the Advocate (if any) of the accused person, at any stage of any
enquiry or proceeding, from the Court : provided that the Court
shall record in every such case, at the time, on the record of the
proceedings, the grounds upon which such order is made, and
provided further that no Advocate appearing for the accused
person shall be affected by such order unless it be specifically
applied to him, and in every such case the Court shall record the
grounds of such specific application. Nothing in this section
contained shall affect the jurisdiction or power of the Court to
maintain order or to control Advocates.

^ N.S., 1901.

CRIMINAL PROCEDURE CODE.

223

6. (i) Subject to the provisions of this Code every Magistrate pripinai
shall have cognizance ot and power and authority : — senior

r^ 1 , . IT (- • Magistrate

(a) To hear, try, determine, and dispose or, m a summary way, and of
prosecutions for offences committed wholly or in part within the
local jurisdiction of such Magistrate and cognizable by such

Magistrate.

(b) To enquire into offences committed, or alleged to have been
committed, within the local jurisdiction of such Magistrate, or
respecting which such Magistrate has jurisdiction, and to summon
and examine witnesses touching such offences, and to summon and
apprehend and issue warrants for the apprehension of criminals
and offenders, and deal with them according to law ; and

(c) To issue warrants to search, or to cause to be searched, places
wherein any stolen goods, or any goods, articles, or things with
which or in respect of which any offence has been committed are
alleged to be kept or concealed, and to require persons to furnish
security for the peace or for their good behaviour according to law.

(ii) In addition to all other jurisdiction and powers by law vested
in the Senior Magistrate's Court in criminal matters it shall have,
and may in its discretion exercise, all the jurisdiction and powders
in criminal matters vested in a Supreme Court by any foreign law
adopted as law in the State, subject to such appellate jurisdiction
as is vested in the Court of Appeal by the Courts Enactment, 1905.

7. (i) When a person is convicted at one trial of any two or more sentence in
distinct offences the Court may sentence him for such offences to victionfor
the several punishments prescribed therefor which such Court is ^^q^^^I^^^^^
competent to inflict, such punishments, when consisting of im- one trial.
prisonment, to commence the one after the expiration of the other

in such order as the Court may direct or to run concurrently if the
Court shall so direct, but it shall not be necessary for the Court,
by reason only of the aggregate punishment for the several offences
being in excess of the punishment which it is competent to inflict
on conviction of one single offence, to send the offender for trial
before a higher Court.

Provided as follows : —

(a) In no case shall such person be sentenced to periods of
imprisonment amounting in the aggregate to more than fourteen
years.

{h) The aggregate punishment shall not exceed twice the amount
of punishment which such Court, in the exercise of its ordinary
jurisdiction, is competent to inflict.

(ii) For the purpose of appeal aggregate sentences passed under
this section, in case of convictions for several offences at one trial,
shall be deemed to be a single sentence.

8. Whenever, from any cause, a Magistrate making an enquiry Enquiry may
preliminary to committal for trial is unable conveniently to com- byMagis"*^
plete the proceedings of the enquiry himself another Magistrate of tuln theone
competent jurisdiction may complete the case and proceed as if instituting it.
he had heard and recorded all the evidence himself.

224

CRIMINAL PROCEDURE CODE.

PART III.
OTHER GENERAL PROVISIONS.

Public, when
to assist
Masistratos
and I'olice.

E.20of I'JIG.

ClIArTER III,

OF AID AND INFORMATION TO MAGISTRATES AND
POLICE AND PERSONS MAKING ARRESTS.

9. Every person is bound to assist a Magistrate, Justice of the
Peace, or a Police Officer reasonably demanding his aid : —

(a) In the taking of any other person whom such Magistrate,
Justice of the Peace, or Police Officer is authorized to arrest.

(b) In the prevention of a breach of the peace, or of any injury
attempted to be committed to any railway, tramway, canal, dock,
wharf, telegraph, or public property.

10. When a warrant is directed to a person other than a Police
Officer, any other person may, and upon production of the warrant
and a demand for help being made, shall be bound to aid in the
execution of such warrant if the person to whom the warrant is
directed be near at hand and acting in the execution of his warrant.

11. Every person aware : —

(a) Of the commission of or the intention of any other person to
commit any offence punishable under the following sections of the
Penal Code, namely, 121, 121a, 122, 123, 124, 124a, 125, 126, 130,
143, 144, 145, 147, 148, 302, 303, 304, 382, 392, 393, 394, 395, 396,
397, 398, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459, and 460 ;

(6) Of any sudden or unnatural death, or death by violence, or
of any death under suspicious circumstances, or of the body of
any person being found dead without its being known how such
person came by death-
shall, in the absence of reasonable excuse (the burden of proving
which shall lie upon the person so aware), forthwith give informa-
tion to the Officer in charge of the nearest police station, or to a
Police Officer, or the nearest Penghulu, of such commission or
intention, or of such sudden, unnatural, or violent death, or death
under suspicious circumstances, or of the finding of such dead
body, as the case may be.

Police Officer 12. Every Police Officer and every Penghulu shall forthwith

certain matters^ commuuicate to the nearest Magistrate or Inspector of Police any
information which he may have or obtain respecting : —

(a) The occurrence of any sudden or unnatural death or of any
death under susjwcious circumstances.

(b) The finding of the dead body of any person without its being
known how such person came by death.

Aid to person
otlier than
Police Officer
executing
warrant.

Public to give
information
of certain
matters.

CRIMINAL PROCEDURE CODE.

225

sought to be
arrested.

Chapter IV.
OF ARREST, ESCAPE, AND RE-TAKING.

Arrest Generally.

13. (i) In making an arrest the Police Officer or other person Arrest, how
making the same shall actually touch or confine the body of the ™'*'^^'
person to be arrested, unless there be a submission to the custody

by word or action.

(ii) If such person forcibly resist the endeavour to arrest him, or
attempt to evade the arrest, such officer or other person may use
all means necessary to effect the arrest.

(iii) No person actually employed on a railway shall be arrested
under such circumstances as to endanger the lives of persons
travelling on the railway. Any Police Officer or other person making
an arrest contrary to the terms of this sub-section shall be liable to
a fine not exceeding $500.

14. (i) If any person, acting under a warrant of arrest, or any search of

, ,, , place entered

Police Officer having authority to arrest, has reason to believe that by person

any person to be arrested has entered into or is within any place,

the person residing in or in charge of such place shall, on demand

of such person acting as aforesaid, or such Police Officer, allow him

free ingress thereto, and afford all reasonable facilities for a search

therein.

(ii) If ingress to such place cannot be obtained under the pre-
ceding section it shall be lawful, in any case, for a person acting
under a warrant, and in any case in which a warrant may issue but
cannot be obtained without affording the person to be arrested an
opportunity of escape, for a Police Officer to enter such place and
search therein ; and in order to effect an entrance into such place
to break open any outer or inner door or window of any place,
whether that of the person to be arrested or of any other person
if, after notification of his authority and purpose, and demand of
admittance duly made, he cannot otherwise obtain admittance.

15. Whenever a search for anything is or is about to be lawfully
made in any house or place in respect of any offence, all persons
found therein may be lawfully detained until the search is completed ;
and they may, if the thing sought be in its nature capable of being
concealed on the person, be searched for it by or in the presence
of a Magistrate or a Police Officer not under the rank of Inspector.

16. Any Police Officer or other person authorized to make an
arrest may break open any place in order to liberate himself or any
other person who, having lawfully entered for the purpose of
making an arrest, is detained therein.

17. (i) The person arrested shall not be subjected to more
restraint than is necessary to prevent his escape.

(ii) Whenever it is necessary to cause a woman to be searched
the search shall be made by another woman, with strict regard to
decency.

18. Whenever a person is arrested —

Search of per-
sons in place
searched under
warrant.

Power to
break open
any place for
purposes of
liberation.

No unneces-
sary restraint.

Mode of

searching

women.

Search of
persons

(a) By a Police Officer under a warrant which does not provide arrested.
1—15

226

CRIMINAL PROCEDURE CODE.

Power to seize

offensive

weapons.

Search of
person for
name and
address.

for tii(j taking of bail, or under a warrant which provides for the
taking of bail, but the person arrested cannot furnish bail ; or

(h) Without warrant, or by a private person under a warrant,
and the ])er.s()n arrested cannot legally be admitted to bail, or is
unable to furnish bail —

the Police Officer making the arrest or, when the arrest is made by
a ])rivate person, the Police Officer to whom such private person
makes over the person arrested, may search such person, and place
in safe custody all articles other than necessary wearing apparel
found upon him, and any of such articles which there is reason to
believe Mere the instruments or the fruits or other evidences of the
crime may be detained until his discharge or acquittal.

19. The ofiticer or other person making any arrest under this
Code may take from the person arrested any offensive weapons
M'liich he has about his person, and shall deliver all weapons so
taken to the Court or officer before which or Avhom the officer or
person making the arrest is required by law to produce the person
arrested.

20. Every person lawfully in custody, who by reason of incapacity
from intoxication, illness, deafness, dumbness, idiocy, lunacy, or
infancy is unable to give a reasonable account of himself may be
searched for the purpose of ascertaining his name and place of
abode.

When Police
may arrest
without
warrant.

Arrest Without a Warrant.

21. (i) Any Police Officer may, without an order from a Magis-
trate, and Avithout a warrant, arrest — -

(a) Any person who has been concerned in any seizable offence,
or against whom a reasonable complaint has been made, or credible
information has been received, or a reasonable suspicion exists of
his having been so concerned ;

(b) Any person having in his possession, without lawful excuse
(the burden of proving which excuse shall lie on such person), any
implement of housebrealdng ;

(d) Any person in whose possession anything is found which
may reasonably be suspected to be stolen or fraudulently obtained
property, and who may reasonably be suspected of having committed
an offence with reference to such thing ;

(e) Any person who obstructs a Police Officer while in the execu-
tion of his duty, or who has escaped, or attempts to escape, from
lawful custody ;

(/) Any person reasonably suspected of being a deserter from
the British army or navy, or from the Malay States Guides ;

[g) Any person found taking precautions to conceal his presence
under circumstances which afford reason to believe that he is taking
precautions with a view to committing a seizable offence ;

(A) Any person who has no ostensible means of subsistence, or
who cannot give a satisfactory account of himself ;

CRIMINAL PROCEDURE CODE.

227

Refusal to
give name
and resi-
dence.

(i) Any person who is by repute an habitual robber, housebreaker,
or thief, or an habitual receiver of stolen property, knowing it to
be stolen, or who by repute habitually commits extortion or, in
order to commit extortion, habitually puts or attempts to put
persons in fear of injury ; or

(j) Any person in the act of committing in his presence a breach
of the peace.

(ii) Nothing in this section shall be held to limit or modify the
operation of any other law empowering a Police Ofhcer to arrest
without a warrant.

22. (i) When any person in the presence of a Police Officer
commits or is accused of committing a non-seizable offence and
refuses, on the demand of a Police Officer, to give his name and
residence, or gives a name or residence which such officer has reason
to believe to be false, he may be arrested bj^ such Police Officer in
order that his name or residence may be ascertained, and he shall,
within twenty-four hours from the arrest, exclusive of the time
necessary for the journey, be taken before the nearest Magistrate
unless before that time his true name and residence are ascertained,
in which case such person shall be forthwith released on his executing
a bond for his appearance before a Magistrate's Court, if so required.
When any person is thus taken before a Magistrate, such Magistrate
may either require him to execute a bond, with or without a surety,
for his appearance before a Magistrate's Court, if so required, or
may order him to be detained in custody until he can be tried.

(ii) When any person in the presence of a Police Officer commits or Naming a
is accused of committing a non-seizable offence and, on the demand oUhrsTate*
of a Police Officer to give his name and residence, gives as his
residence a jDlace not within the State, he may be arrested by such
Police Officer, and shall be taken forthwith before the nearest
Magistrate, who may either require him to execute a bond, with or
without a surety, for his appearance before a Magistrate's Court, if
so required, or may order him to be detained in custody until he
can be tried, or shall be taken before a Police Officer not below the
rank of Inspector, who may require him to execute a bond, with or
without a surety, for his appearance before a Magistrate's Court,
if required.

23. Foi' the purpose of arresting any person whom he has power Pursuit of
to arrest without a warrant any member of the Police Force of the ofher'fJris"*^''
State or of any other of the Federated Malay States may pursue any diction.
such person into any part of the State.

24. (i) Any private person may arrest any person who in his view Arrest by pri-
commits a non-bailable and seizable offence, or who has been Pioce^d'ure'in
proclaimed under Section 43, and shall without unnecessary delay such cases.
make over the person so arrested to the nearest Police Officer or, in

the absence of a Police Officer, take such person to the nearest
police station. If there is reason to believe that such person comes
under the provisions of Section 21 a Police Officer shall re-arrest
him. If there is reason to believe that he has committed a non-
seizable offence and he refuses, on the demand of a Police Officer,
to give his name and residence, or gives a name or residence which

228

CRIMINAL PROCEDUKE CODE.

such officer has reason to believe to be false, or gives a residence
which is not within the State, he shall be dealt with under the
provisions of Section 22. If there is no reason to believe that he has
committed any offence he shall be at once discharged.

(ii) Whoever commits an offence on or with respect to the person
or property of another may, if his name and address be unknown, be
ajiprehondcd by the person injured, or by any person who may be
using the property to which the injury may be done, or by the
servant of either of such persons, or by any person authorized by or
acting in aid of either of such persons, and may be detained until he
give his name and address and satisfy such person that the name and
address so given are correct, or until he can be delivered into the
custody of a Police Officer.

(iii) If any person lawfully apprehended under the last preceding
sub-section shall assault or forcibly resist the person by whom he
shall be so apprehended, or any person acting in his aid, he shall be
liable to a fine not exceeding $100.

How person 25. A PoHcc Officer making an arrest without warrant, shall,

d"a^*^^^th. ° ^ without unnecessary delay and subject to the provisions herein

contained as to bail or previous discharge, take or send the person

arrested before a Magistrate's Court having jurisdiction in the case.

26. No Police Officer shall detain in custody a person arrested
without a warrant for a longer period than under all the circum-
stances of the case is reasonable. Such period shall not exceed
twenty-four hours, exclusive of the time necessary for the journey
from the place of arrest to the Magistrate's Court.

27. Officers in charge of Police Districts shall report to the nearest
Magistrate's Court the cases of all persons who, without warrant, are
arrested or brought before them, and whether such persons have
been admitted to bail or otherwise.

28. No person who has been arrested by a Police Officer shall be
discharged except on his own bond, or on bail, or under the special
order in writing of a Magistrate or of a Police Officer not under the
rank of an Inspector.

29. When any offence is committed in the presence of a Magistrate
or Justice of the Peace within the local limits of his jurisdiction, he
may himself arrest or authorize any person to arrest the offender,
and may thereupon, subject to the provisions herein contained as
to bail, commit the offender to custody.

30. Any Magistrate may at any time arrest or authorize the arrest
in his presence, within the local limits of his jurisdiction, of any
person for whose arrest he is competent at the time and in the
circumstances to issue a warrant.

31. If a person in lawful custody escapes or is rescued, the person
from whose custody he escaped or was rescued may immediately
pursue and arrest him in any place, either within or without the
jurisdiction where he was so in custody ; and deal with such person
as he might have done on the original taking.

Person arrested
not to be
detained
more than
twenty-four
Lours.

Police to re-
port arrest.

discharge
of person

arrested.

Offence com-
mitted in
Magistrate's
presence.
E. 20 of 1916.

Arrest by or
in presence of
Magistrate.

Power on es-
cape to pursue
and re-take.

CRIMINAL PROCEDURE CODE.

229

32. The provisions of Sections 14 and 16 shall apply to arrests Provisions ot

under the last preceding section, although the person making the and 'le'to apply

arrest is not acting under a warrant and is not a Police Officer to arrests

having authority to arrest. si" ^"^ ''®°'^'°°

Form of sum-
mons.

Summons, by
whom served.

Summons,
how served.

Chapter V.
OF PROCESSES TO COMPEL APPEARANCE.

Summons.

33. (i) Every summons to appear issued by a Court under this
Code shall be in Avriting in duplicate, and signed and sealed by the
presiding officer of such Court.

(ii) Such summons shall ordinarily be served by a Police Officer,
but the Court issuing the summons may, if it see fit, direct it to be
served by any other person.

34. (i) The summons shall, if practicable, be served personally on
the person summoned, by delivering or tendering to him one of the
duplicates of the summons.

(ii) Every person on whom a summons is so served shall, if so
required by the serving officer, sign a receipt therefor on the back
of the other duplicate.

(iii) In the case of a corporation the summons may be served on
the Secretary or other like officer of the same.

(iv) When the person to be summoned cannot by the exercise of
due diligence be found, the summons may be served by leaving one
of the duplicates for him with some adult male member of his
family, or with his servant residing with him.

35. When the person to be summoned cannot by the exercise of
due diligence be found, and service cannot be effected as directed by
sub-section (iv) of the last preceding section, the serving officer shall
affix one of the duplicates of the summons to some conspicuous part
of the house or homestead in which the person summoned ordinarily
resides, and in such case the summons, if the Court so directs, either
before or after such affixing, shall be deemed to have been duly
served.

36. When a summons issued by a Court is served an affidavit of Proof ot
such service purporting to be made before an officer duly authorized ^«"^^''^*'-
to administer an oath shall be admissible in evidence.

Warrant of Arrest.

37. (i) Every warrant of arrest issued by a Court under this Code Form of wnr-
shall be in writing, signed by the presiding officer of such Court, ^ant of arrest.
and shall bear the seal of the Court.

(ii) Every such warrant shall remain in force until it is cancelled
by the Court which issued it, or until it is executed.

38. (i) Any Court issuing a warrant for the arrest of any person court may
may, in its discretion, direct by indorsement on the warrant that if fiJdoreemTOt
such person execute a bond with sufficient sureties for his attendance °" warrant,
before the Court at a specified time and thereafter until otherwise take".^

Procedure
when per-
sonal service
cannot be
effected.

230

CRIMINAL PROCEDURE CODE.

Warrants, to
whom directed.

Notification
of substance
of warrant.

Person
arrested to
be brouglit
before Court
witliout delay.

Procedure on
arrest of per-
son against
whom war-
rant is issued.

dircotcd by the Court, the olHcor to whom tlic warrant is dirceted
shall take such security and shall release such person from custody,
(ii) The indorsement shall state —
{({) The number of sureties ;

(6) The amount in which they and the person for whose arrest
the warrant is issued are to be respectively bound ;

(iii) Whenever security is taken under this section the officer to
Avhora the warrant is directed shall forward the bond to the Court.

39. (i) A warrant of arrest shall ordinarily be directed to the
Assistant Commissioner of Police and all other Police Officers of
the Federated Malay States, and any Police Officer of any of the
Federated Malay States may execute such warrant.

(ii) The Court issuing a warrant may direct it to any person or
persons by name, not being Police Officers, and all or any one or
more of such persons may execute the same.

(iii) When a warrant is directed to more persons than one it may
be executed by all or any one or more of them.

40. The Police Officer or other person executing a warrant of
arrest shall notify the substance thereof to the person arrested and,
if so required, shall shew him the warrant or a copy thereof under
the seal of the Court issuing the warrant.

41. The Police Officer or other person executing a warrant of
arrest shall (subject to the provisions of Section 38 as to security),
without unnecessary delay, bring the person arrested before the
Court before which he is required by law to produce such person.

42. (i) When a warrant of arrest is executed outside the local
limits of the jurisdiction of the Court by which it was issued the
person arrested shall, unless security be taken under Section 38, be
carried before the nearest Magistrate.

(ii) Such Magistrate shall, if the person arrested appears to be the
person intended by the Court which issued the warrant, direct his
removal in custod}'^ to such last mentioned Court ; provided that if
the offence be bailable, and the person arrested be ready and willing
to give bail to the satisfaction of the Magistrate before whom he is
brought, or a direction has been indorsed under Section 38 on the
warrant, and such person is ready and willing to give the security
required by such direction, such Magistrate shall take such bail or
security, as the case may be, and forward the bond to the Court
which issued the warrant.

(iii) Nothing in this section shall be deemed to prevent a Police
Officer from taking security under Section 38.

Proclamation
for person
absconding.

Proclamation and Attachment.

43. (i) If^any Court has reason to believe (whether after taking

evidence or not) that any person against whom a warrant has been

issued by it has absconded, or is concealing himself so that such

warrant caimot be executed, such Court may publish a written

CRIMINAL PROCEDURE CODE. 231

proclamation requiring him to appear at a specified place, and at a
specified time not less than thirty days from the date of publishing
such proclamation,

(ii) The proclamation shall be published as follows : —

(a) It shall be publicly read in some conspicuous place of the town ,
village, or kampong in or near which such person ordinarily resides.

(b) It shall be affixed to some conspicuous part of the house or
homestead in which such person ordinarily resides, or to some
conspicuous place of such town, village, or kam'pong ; and,

(iii) A statement by the Court issuing the proclamation, to the
effect that the proclamation was duly published on a specified day,
shall be conclusive evidence that the requirements of this section
have been complied with and that the proclamation was published
on such day.

44. (i) The Court may, after issuing a proclamation under the last Attachment
preceding section, order the attachment of any property, movable or l\ peKoT^
immovable, or both, belonging to the proclaimed person. proclaimed.

(ii) Such order shall authorize the attachment of any property
belonging to such person within the local jurisdiction of the Court by
which it is made, and it shall authorize the attachment of any
property belonging to such person without such jurisdiction when
indorsed by a Magistrate within whose jurisdiction such property is
situate.

(iii) If the property ordered to be attached be debts or other
movable property the attachment under this section shall be made —

{a) By seizure ; or

{h) By the appointment of a receiver ; or

(c) By an order in writing prohibiting the delivery of such
property to the proclaimed person or to any one on his behalf ; or

{d) By all or any two of such methods as the Court thinks fit.

(iv) If the property ordered to be attached be immovable, the
attachment under this section shall, in the case of land paying
revenue to the State, be made through the Collector of Land
Revenue of the district in which the land is situate ; and in all
other cases —

(a) By taking possession ; or

(6) By the appointment of a receiver ; or

(c) By an order in writing prohibiting the payment of rent or
delivery of property to the proclaimed person or to any one on his
behalf ; or

{(l) By all or any two of such methods, as the Court thinks fit.

(v) The powers, duties, and liabilities of a receiver appointed
under this section shall be the same as those of a receiver appointed
under the law of Civil Procedure in force in the State for the time
being.

232

CRIMINAL PROCEDURE CODE.

Restoration
of attached
property.

(vi) If the proclaimed person does not appear within the time
specified in the proclamation the property under attachment shall
be at the disposal of the State, but it shall not be sold until the
expiration of six months from the date of the attachment, iniless it
is subject to speedy and natural decay, or the Court consiclers that
the sale would be for the benefit of the owner, in either of which
cases the Court may cause it to be sold whenever it thinks fit.

(vii) No such attachment of any land held under a title required
by law to be registered shall take effect imtil the order of attachment
is duly registered under the law for the registration of dealings
with such land in force in the State for the time being.

45. If, within two years from the date of the attachment, any
person whose property is or has been at the disposal of the State
under sub-section (vi) of the last preceding section appears volun-
tarily, or is apprehended and brought before the Court by whose
order the property'' was attached, and proves to the satisfaction of
such Court that he did not abscond or conceal himself for the
purpose of avoiding execution of the warrant, and that he had not
such notice of the proclamation as to enable him to attend within
the time specified therein, such property or, if the same has been
sold, the nett proceeds of the sale or, if part only thereof has been
sold, the nett proceeds of the sale and the residue of the property
shall, after satisfying thereout all costs incurred in consequence of
the attachment, be delivered to him.

Issue of war-
rant in lieu of
or in addition
to summons.

Summonses
to appear and
warrants of
arrest may be
executed in
any part of
the Federated
Malay States.

Other Rules Regarding Summonses to Appear and Warrants

of Arrest.

46. A Criminal Court may, in any case in which it is empowered
to issue a summons for the appearance of any person other than an
assessor, issue, after recording its reasons in ^^^iting, a warrant for
his arrest : —

(a) If, either before the issue of summons or after the issue of
the same, but before the time fixed for his appearance, the Court
sees reason to believe that he has absconded or will not obey the
summons ; or

(b) If at such time he fails to appear and the summons is proved
to have been duly served in time to admit of his appearing in
accordance therewith, and no reasonable excuse is offered for such
failure.

47. (i) All summonses to appear and warrants of arrest issued
by any Court in the State may be served or executed (as the case
may be) in any part of the State : provided that no such summons
shall be served outside the local limits of the jurisdiction of the
Court issuing the same, unless the same shall be indorsed by such
Court with the words " For service out of the jurisdiction."

(ii) No such summons shall be indorsed by a Court issuing the
same with the words " For service out of the jurisdiction " unless
the Court is satisfied that there are special grounds for allowing
such service, which grounds shall be recorded before the summons
is so indorsed.

CRIMINAL PROCEDURE CODE. 233

(iii) Any summons or warrant issued by any Court in any other
of the Federated Malay States may be served or executed (as the
case may be) in the State in the same manner as if such summons
or warrant had been issued by one of the Courts of the State.

48. When any person for whose appearance or arrest any Court Power to take
is empowered to issue a summons or warrant is present in such appearance.
Court, it may require such person to execute a bond, with or without
sureties, for his appearance in such Court.

49. When any person who is bound by any bond taken under Arrest on
this Code to appear before a Court does not so appear such Court bond for
may issue a warrant directing that such person be arrested and appearance.
produced before it.

Chapter VI.

OF PROCESSES TO COMPEL THE PRODUCTION OF DOCU-
MENTS AND OTHER MOVABLE PROPERTY, AND
FOR THE DISCOVERY OF PERSONS WRONGFULLY
CONFINED.

Summons to Produce.

50. (i) Whenever any Court considers that the production of summons to
any document or other thing is necessary or desirable for the documentor
purposes of any investigation, enquiry, trial, or other proceeding other thing.
under this Code by or before such Court, it may issue a summons

to the person in Avhose possession or power such document or thing
is believed to be, requiring him to attend and produce it, or to
produce it at the time and place stated in the summons.

(ii) Any person required under this section merely to produce a
document or other thing shall be deemed to have complied with
the requisition if he cause such document or thing to be produced
instead of attending personally to produce the same.

(iii) Nothing in this section shall be deemed to apply to any
book, letter, post-card, or other document in the custody of the
postal authorities.

51. (i) If any such book, letter, post-card, or other document is, procedure as
in the opinion of the Senior Magistrate, wanted for the purpose of to letters, etc
any investigation, enquiry, trial, or other proceeding under this

Code, the Senior Magistrate may require the postal authorities
to deliver such document to such person as such Court directs.

(ii) If any such document is, in the opinion of the Public Prose-
cutor, wanted for any such purpose, he may require the postal
authorities to cause search to be made for and to detain such
document, pending the orders of the Senior Magistrate.

52. The provisions of Sections 33, 34, 35, and 36 shall apply in Provisions of
relation to Summonses under this Chapter. sl^as^Ld'se

to apply.

Search Warrants.

53. (i) Where any Court has reason to believe that a person to when search
whom a summons under Section 50, or a requisition under Section 51 be^issued?*^
sub-section (i), has been or might be addressed, will not or would

234

CRIMINAL PROCEDURE CODE.

Power to

restrict
search
warrant.

Search of
house sus-
pected to con-
tain stolen
property,
forged docu-
ments, etc.

not produce the document or otlier tiling as required by such
summons or requisition ;

Or where such document or other thing is not known to the
Court to be in the possession of any person ;

Or where the Court considers tliat the purj)oses of justice or of
any enquiry, trial, or other proceeding under this Code will be
served by a general search or inspection —

It may issue a search warrant, and the person to whom such
warrant is directed may search or inspect in accordance therewith
and the provisions hereinafter contained.

(ii) Nothing herein contained shall authorize any Magistrate
other than the Senior Magistrate, to grant a warrant to search for
a document in the custody of the postal authorities.

(iii) A search warrant shall ordinarily be directed to the Assistant
Commissioner of Police and to some other Police Officers to be
designated by name therein, and all or any of such Police Officers
may execute such warrant. The Court issuing a search warrant
may direct it to any person or persons by name, not being Police
Officers, and all or any one or more of such persons may execute
the warrant.

54. The Court may, if it thinks fit, specify in the warrant the
particular place or part thereof to which only the search or in-
spection shall extend, and the person or persons charged with the
execution of such warrant shall then search or inspect only the place
or part so specified.

55. If a Magistrate, upon information and after such enquiry
as he thinks necessary, has reason to believe that any place is
used for the deposit or sale of stolen property or of property unlaw-
fully obtained ;

Or for the deposit or sale or manufacture of forged documents,
false seals, or counterfeit stamps or coin, or forged trade-marks,
or instruments or materials for counterfeiting coin or stamps, or
for forging ;

Or that any stolen property or property unlawfully obtained,
forged documents, false seals, or counterfeit stamps or coin or forged
trade-marks or instruments or materials used for counterfeiting
coin or stamps or for forging are concealed, kept, or deposited in
any place ;

He may, by his warrant, authorize the person to whom it is
directed —

(a) To enter, with such assistance as may be required, such place ;
and

(6) To search the same in manner specified in the warrant ; and

(c) To take possession of any property, documents, seals, stamps,
coins, or trade-marks therein found, which he reasonably suspects
to be stolen, unlawfully obtained, forged, false, or counterfeit, and
also of any such instruments and materials as aforesaid ; and

(d) To convey such property, documents, seals, stamps, coins,
trade-marks, instruments, or materials before a Magistrate, or to

CRIMINAL PROCEDURE CODE.

235

Form of

warrant.

Search for
persons wrong-
fully confined.

guard the same on the spot until the offender is taken before a
Magistrate, or otherwise to dispose thereof in some place of safety ;
and

(e) To take into custody and carry before a Magistrate every
person found in such place who appears to have been privy to the
deposit, sale, manufacture, or keeping of any such property, docu-
ments, seals, stamps, coins, trade-marks, instruments, or materials,
knowing or having reasonable cause to suspect the said property
to have been stolen or otherwise unlawfully obtained, or the said
documents, seals, stamps, coins, trade-marks, instruments, or
materials to have been forged, falsified, or counterfeited, or the said
instruments or materials to have been or to be intended to be used
for counterfeiting coin or stamps or for forging.

56. (i) Every search warrant issued by a Court under this Code
shall be in writing, signed by the presiding officer of such Court,
and shall bear the seal of the Court.

(ii) Every such warrant shall remain in force for a reasonable
number of days, to be specified in the warrant.

(iii) Search warrants issued under this Code may be executed in
any part of the State.

57. If any Magistrate has reason to believe that any person is
confined under such circumstances that the confinement amounts
to an offence, he may issue a search warrant, and the person to whom
such warrant is directed may search for the person so confined ;
and such search shall be made in accordance therewith, and the
person, if found, shall be immediately taken before a Magistrate,
who shall make such order as in the circumstances of the case
seems proper.

58. (i) Whenever any place liable to search or inspection under
this Chapter is closed, any person residing in or being in charge
of such place shall, on demand of the officer or other person executing
the warrant, and on production of the warrant, allow him free ingress
thereto, and afford all reasonable facilities for a search therein.

(ii) If ingress to such place cannot be so obtained the officer or
other person executing the warrant may proceed in manner pro-
vided by sub-section (ii) of Section 14.

59. (i) A list of all things seized in the course of a search made
under this Chapter, and of the places in which they are respectively
found, shall be prepared by such officer or other person making such
search, and signed by him.

(ii) The occupant of the place searched, or some person in his
behalf, shall, in every instance be permitted to attend during the
search, and a copy of the list prepared and signed under this section
shall be delivered to such occupant or person at his request.

Miscellaneous.

60. Any Court may, if it thinks fit, impound any document or Power of court
other thing produced before it under this Code. ment^or'other"

61. (i) The Magistrate by whom a search warrant is issued may Magistrate
attend personally for the purpose of seeing that the warrant is issuing search

■•■»' JTJ. o warrant may

duly executed. attend at its

execution.

Persons in
charge of
closed place
to allow
search.

List of all
things seized
to be made
and signed.

236

CRIMINAL PROCEDURE CODE.

When search
may be matlo
witliout
warrant.

Summary
search.

(ii) Any Magistrate may orally direct a search to be made in
his presence, of any place for the search of which he is competent
to issue a search warrant.

62. If information shall be given to any officer of police, not
below the rank of Inspector, that there is reasonable; cause for
suspecting that any stolen property is concealed or lodged in any
dwelling-house or other place, and he shall have good grounds for
believing that by reason of the delay in obtaining a search warrant
the property is likely to be removed, the said officer, in virtue of
his office, may search for specific articles alleged to have been
stolen, in the houses and places specified : provided always that a
list of the articles stolen or missing shall have been previously
delivered or taken down in writing, \\'ith a declaration stating that
a robbery has been committed and that the informant has good
ground for believing that the property is deposited in such house
or place, and provided further that the person who lost the goods,
or his representative, accompany the officer in the search.

63. (i) Any Police Officer may, under the circumstances here-
after in this section mentioned, be authorized in \vriting by the
Assistant Commissioner to enter and, if so authorized, may enter
any house, shop, warehouse, yard, grounds, or other premises in
search of stolen property, and search and seize and secure any
property which he may believe to have been stolen, in the same
manner as he would be authorized to do if he had a warrant, and
the property seized, if any, corresponded to the property described
in such search warrant.

(ii) In every case in which any property is seized in pursuance
of this section the person on whose premises it was at the time of
seizure, or the person from whom it was taken if other than the
person on whose premises it was, shall, unless previously charged
with receiving the same knowing it to have been stolen, be sum-
moned before a Magistrate to account for his possession of such
property, and such Magistrate shall make such order respecting
the disposal of such property and may award such costs as the
justice of the case may require.

(iii) It shall be lawful for the Assistant Commissioner to give
such authority as aforesaid in the following cases or either of them: —

First. — When the premises to be searched are, or within the
preceding twelve months have been, in the occupation of, or used
by any person who has been convicted of receiving stolen property,
or of harbouring thieves ; or

Second. — When the premises to be searched are in the occupation
of or used by any person who has been convicted of any offence
involving fraud or dishonesty and punishable by penal servitude
or rigorous imprisonment.

(iv) It shall not be necessary for such Assistant Commissioner,
on giving such authority, to specify any particular property, but
he may give such authority if he has reason to believe generally
that such premises are being made a receptacle for stolen goods.

CEIMINAL PROCEDURE CODE. 237

PART IV.

PREVENTION OF OFFENCES.

Chapter VII.

OF SECURITY FOR KEEPING THE PEACE AND FOR
GOOD BEHAVIOUR.

Security for Keeping the Peace on Conviction.

64. (i) Whenever any person accused of rioting, assault, or other Security for
breach of the peace or of abetting the same or of assembling armed pea^e'^on
men or taking other unlawful measures with the evident intention of conviction.
committing the same, or any person accused of committing criminal
intimidation by threatening injury to person or property, is con-
victed of such offence, and the Court before which such person is
convicted is of opinion that it is necessary to require such person
to execute a bond for keeping the peace, such Court may, at the
time of passing sentence on such person, or in lieu of any sentence,
order him to execute a bond for a sum proportionate to his means,
with or mthout sureties, for keeping the peace during such period
in each instance as it thinks fit to fix, not exceeding six months
if the sentence or order be by any Court subordinate to the Court
of the Senior Magistrate or two years if the sentence or order be
by the Senior Magistrate.

(ii) If the conviction is set aside on appeal or otherwise the bond
so executed shall become void.

Security jar Keeping the Peace in other Cases, and Security for

Good Behaviour.

65. Whenever it appears to a Magistrate that any person residing Security for
or being within the local limits of his jurisdiction is likely to commit peace'in

a breach of the peace or to do any wrongful act that may probably other cases.
occasion a breach of the peace ^vithin or beyond such limits, such
Magistrate may, in manner hereinafter provided, require such j)erson
to shew cause why he should not be ordered to execute a bond,
with or without sureties, for keeping the peace for such period
not exceeding six months as the Magistrate thinks fit to fix.

66. Whenever it appears to a Magistrate receiving information —

(a) That any person is taking precautions to conceal his presence security for
within the local limit of his jurisdiction, and that there is reason behaviour
to believe that such person is taking such precautions with a view ^^^0°^^^^^^^
to committing an offence ; or persons,

., 1 vagrants, etc.

(b) That there is within such limits a person who has no ostensible
means of subsistence or who cannot give a satisfactory account of
himself ; or

. (c) That there is within the local limits of his jurisdiction any
person who, within or without such limits, either orally or in writing
disseminates or attempts to disseminate or in any way abets the
dissemination of —

(i) Any seditious matter, that is to say any matter the publication
of which is punishable under Section 124 (a) of the Penal Code ; or

238

CRIMINAL PROCEDURE CODE.

Security for
gooii be-
haviour from
habitual
ofTenders.

Order to be
made.

Procedure in
respect of
person present
in Court.

Summons or
warrant in
case of person
not so
present.

Copy of order
issued under
Section 68 to
accompany
summons or
v^arrant.

Power to dis-
pense with per-
sonal attend-
ance.

Enquiry as to
the truth of
information.

(ii) Anj'^ matter concerning a Judge or Magistrate which amounts
to criminal intimidation under the Penal Code ;

such Magistrate may, in manner hereinafter j)rovided, require such
person to show cau.se wh}' he should not be ordered to execute a bond,
with sureties, for his good behaviour for such period not exceeding
six months as the Magistrate thinks fit to fix,

67. Whenever it appears to a Magistrate that any person within
the local limits of the jurisdiction of such Magistrate is an habitual
robber, house-breaker, or thief, or an habitual receiver of stolen
l^roperty, knowing the same to have been stolen, or that he habitually
commits extortion or, in order to the committing of extortion,
habitually puts or attempts to put persons in fear of injury, or that he
is an habitual protector or harbourer of thieves, or that he is an
habitual aider in the concealment or disposal of stolen projjcrty, or
that he is a notorious bad liver, or is a dangerous character, such
Magistrate may, in manner hereinafter provided, require such person
to shew cause why he should not be ordered to execute a bond, with
sureties, for his good behaviour for such period not exceeding six
months as such Magistrate thinks fit to fix.

68. When a Magistrate, acting under Section 65, Section 66, or
Section 67, deems it necessary to require any person to shew cause
under such section, he shall make an order in writing setting forth the
substance of the information received, the amount of the bond to be
executed, the term for which it is to be in force, and the number,
character, and class of sureties (if any) required.

69. If the person in respect of whom such order is made is present
in Court it shall be read over to him or, if he so desires, the substance
thereof shall be explained to him.

70. If such person is not present in Court the Magistrate shall
issue a summons requiring him to aj^pear, or when such person is in
custody a warrant directing the officer in whose custody he is to
bring him before the Court : provided that whenever it appears to
such Magistrate, upon the report of a Police Officer, or upon other
information (the substance of which report or information shall be
recorded by the Magistrate), that there is reason to fear the com-
mission of a breach of the jDcace and that such breach of the peace
cannot be prevented otherwise than by the immediate arrest of such
person, the Magistrate may at any time issue a warrant for his arrest.

71. Every summons or warrant issued under the last preceding
section shall be accompanied by a copy of the order made under
Section 68, and such copy shall be delivered by the officer serving or
executing such summons or warrant to the person served with or
arrested under the same.

72. The Magistrate may, if he sees sufficient cause, dispense with
the personal attendance of any person called ujjon to shew cause why
he should not be ordered to execute a bond for keeping the peace and
may permit him to appear by an Advocate.

73. (i) When an order under Section 68 has been read or explained
under Section 69 to a person present in Court, or when a person
appears or is brought before a Magistrate in compliance with or in

CRIMINAL PROCEDURE CODE. 239

execution of a summons or warrant issued under Section 70, the
Magistrate shall proceed to enquire into the truth of the information
upon which he has acted and to take such further evidence as may
appear necessary.

(ii) Such enquiry shall be made, as nearly as may be practicable,
in the manner hereinafter prescribed for conducting trials in
summary cases before Magistrates, except that no charge need be
framed.

(iii) For the purposes of this section the fact that a person is an
habitual offender may be proved by evidence of general repute or
otherwise.

74. If upon such enquiry it is proved that it is necessary for order to give
keeping the peace or maintaining good behaviour, as the case may ^^°""'^y-
be, that the person in respect of whom the enquiry is made should
execute a bond, with or without sureties, the Magistrate shall make

an order accordingly.

Provided —

Firstly — That no person shall be ordered to give security of a
nature different from, or an amount larger than, or for a period longer
than that specified in the order made under Section 68.

Secondly — That the amount of every bond shall be fixed with due
regard to the circumstances of the case and shall not be excessive, but
shall be such as to afford the person against whom the order is made
a fair chance of compl3dng with it.

Thirdly — That when the person in respect of whom the enquiry is
made is a minor the bond shall be executed only by his sureties.

75. If, on an enquiry under Section 73, it is not proved that it is Discharge of
necessary for keeping the peace or maintaining good behaviour, as fn/oTmed
the case may be, that the person in respect of whom the enquiry is against.
made should execute a bond, the Magistrate shall make an entry on

the record to that effect and, if such person is in custody only for the
purposes of the enquiry, shall release him or, if such person is not in
custody, shall discharge him.

Proceedings in all Cases Subsequent to Order to Furnish Security.

76. (i) If any person in respect of whom an order requiring commence-
security is made under Section 64 or Section 74 is, at the time such peri'od°for
order is made, sentenced to or undergoing a sentence of imprison- j^'J.e^'uired"'"''
ment, the period for which such security is required shall commence

on the expiration of such sentence.

(ii) In other cases such period shall commence on the date of such
order.

77. The bond to be executed by any such person shall bind him to contents of
keep the peace or to be of good behaviour, as the case may be, and in

the latter case the commission or attempt to commit or the abetment
of any offence punishable with imprisonment, wherever it may be
committed, is a breach of the bond.

78. A Magistrate may in his discretion refuse to accept any Power to re-
particular person or persons offered as surety for good behaviour ^ect sureties.
under this Chapter,

240

CRIMINAL PROCEDURE CODE.

Imprison-
ment in
default of
security.

Power to
release person
imprisoned for
failint,' to give
security.

Magistrate to
report to
superior Court,
and such Court
may order
release.

Discharge of
sureties.

79. (i) If any person ordered to give security under Section G4 or
Section 74 does not give such security on or before the date on which
the period for wliich such security is to be given commences he shall,
except in the case next hereinafter mentioned, be committed to
prison ; or, if he is already in prison, be detained in prison until such
l)eriod expires or until within such period he gives the security to
the Court or Magistrate which or who made the order requiring it,
or to the officer in charge of the prison in which the person so ordered
is detained.

(ii) Imprisonment for failure to give securitj' for keeping the peace
shall be simple,

(iii) Imprisonment for failure to give security for good behaviour
may be rigorous or simple, as the Court or Magistrate in each case
directs.

80. When a Court is of opinion that any person imprisoned for
failing to give security under this Chapter may be released without
hazard to the community or to any other person, the Court may order
such person to be discharged. A Court other than the Senior
Magistrate's shall not exercise this power except in cases where the
imprisonment is under its own order.

81. Whenever a Magistrate is of opinion that any person im-
prisoned for failing to give security under this Chapter, as ordered
by the Senior Magistrate, may be released without the hazard
mentioned in the last preceding section, such Magistrate shall make
an immediate report of the case for the orders of the Senior Magis-
trate who may, if he thinks fit, order such person to be discharged.

82. (i) Any surety for the peaceable conduct or good behaviour
of another person may at any time apply to a Magistrate to cancel
any bond executed under this Chapter within the local limits of his
jurisdiction.

(ii) On such application being made the Magistrate shall issue a
summons or warrant, as he thinks fit, requiring such person for whom
such surety is bound to appear or to be brought before him.

(iii) When such person appears or is brought before the Magistrate,
he shall cancel the bond, and shall order such person to give, for the
unexpired portion of the term of such bond, fresh security of the
same description as the original security. Every such order shall,
for the purposes of Sections 77, 78, 79, and 80, be deemed to be an
order made under Section 64 or Section 74, as the case may be.

Unlawful as-
sembly may be
ordered to
disperse by
Magistrate or
Officer in
charge of Police
District.

E. 22 of 1919.

Chapter VIII.

UNLAWFUL ASSEMBLIES.

83. Any Magistrate, the Chief Police Officer, any Assistant Com-
missioner of Police, Chief Inspector of Police, or Officer in charge
of a Police District or of a police station, may command any
unlawful assembly, or any assembly of five or more persons likely
to cause a disturbance of the public peace, to disperse, and it shall
thereupon be the duty of the members of such assembly to disperse
accordingly.

CKIMINAL PROCEDURE CODE. 241

84. If, upon being so commanded, any sucli assembly does not when unlawful
disj^erse, or if, without being so commanded, it conducts itself in b?d^persedby
such a manner as to shew a determination not to disperse, any J'o^^,"^ °'^''
Magistrate, the Chief Police Officer, any Assistant Commissioner of

Police, Chief Inspector of Police, or Officer in charge of a Police '^^° ^^^^'

District or of a police station, may proceed to disperse such assembly

by force, and may require the assistance of any male person, 7iot

being a paid officer or soldier of any regiment or military orgariization

formed in or serving the Federated Malay States, nor being an nnpaid

officer or soldier of any such regiment or organization and acting as

such, nor being an officer, soldier, or sailor in the military or naval

forces of His Britannic Majesty, for the purpose of dispersing such

assembly and, if necessary, arresting and confining the persons who

form part of it in order to disperse such assembly, or that they may

be punished according to law.

85. If any such assembly cannot be otherwise dispersed, and if it use of military
is necessary for the public security that it should be dispersed, the °^'^^'
Resident or the Magistrate of the highest rank who is present, or e. 22ofi9i9.
tJie Chief Police Officer, may cause it to be dispersed by military

force.

86. (i) When the Resident, or a Magistrate, or the Chief Police Magistrate
Officer determines to disperse axiy such assembly by military force, "n^ofllceHn
he may require any Commissioned or non-Commissioned Officer in command of

>^-T-„ IT , • -T • ,• troops to dis-

command of any soldiers of any regiment or WAtitary organization perse uniaw-
formed in or serving the Federated Malay States, or in command of ^ii assembly.
any soldiers or sailors in the military or 7iaval forces of His Britannic b. 22 of 1919.
Majesty to disperse such assembly by military force and to arrest
and confine such persons forming part of it as the Resident, the
Magistrate, or the Chief Police Officer may direct, or as it may be
necessary to arrest and confine in order to disperse the assembly or
to have them punished according to law.

(ii) Every such officer shall obey such requisition in such manner
as he thinks fit, but in so doing he shall use as little force and do as
little injury to person and property as may be consistent with dispersing
the assembly and arresting and detaining such persons.

87. When the public security is manifestly endangered by any whenaCom-
such assembly and when neither the Resident, a Magistrate, the Com- officeTmay
missioner of Police, nor the Chief Police Officer can be communicated /^J^jP^^j
with, any Commissioned Officer of any regiment or military organiza- assembly by
Hon formed in or serving the Federated Malay States or any Com- f^rce^^
missioned Officer in the military or naval forces of His Britannic ^ 2" of 1919
Majesty, may disperse such assembly by military force and may

arrest and confine any person forming part of it in order to disperse
such assembly or that they may be punished according to law ; but
if, while he is acting under this section, it becomes practicable for
him to communicate with the Resident, any Magistrate, the Com-
missioner of Police, or the Chief Police Offcer, he shall do so, and
shall thenceforward obey the instructions of the Resident, Magistrate,
Commissioner of Police, or Chief Police Offcer as to whether he
shall or shall not continue such action.

1—16

242

CRIMINAL PROCEDURE CODE.

Protection
against prose-
cution for acts
(lone under this
Chapter.

E. 22 of 1919.

88. No prosecution against any Magistrate or any Military or
Xavdl Officer, Police Officer, soldier or sailor for any act purporting to
be done under this Chapter shall be instituted in any Criminal Court
except with the sanction, in writing, of the Resident ; and no
prosecution against the Resident for any such act shall he instituted
in any Criminal Court except with the sanction, in writing, of the
Chief Secretary to Government ; and

[a) No Magistrate or Police Officer acting under this Chapter in
good faith ;

(6) No officer acting under Section 87 in good faith ;

(d) No inferior officer, soldier, or sailor doing any act in obedience
to any order which, under military law, he was bound to obey —

shall be deemed to have thereby committed an offence.

Magistrate may
malie condi-
tional order for
removal of
nuisance, etc.

Chapter IX.

PUBLIC NUISANCES.

89. (i) Whenever a Magistrate considers, on receiving a report or
other information, and on taking such evidence (if any) as he thinks
fit-
That any unlawful obstruction or nuisance should be removed
from any way, harbour, lake, river, or channel which is or may be
lawfully used by the public, or from any public place ; or

That any trade or occupation or the keeping of any goods or
merchandise, by reason of its being injurious to the health or physical
comfort of the community, should be suppressed or removed or
prohibited ; or

That the construction of any building or the disposal of any
substance likely to occasion conflagration or explosion should be
prevented or stopped ; or

That any building is in such a condition that it is likely to fall and
thereby cause injury to persons living or carrying on business in the
neighbourhood, or passing by, and that in consequence its removal,
repair, or support is necessary ; or

That any tank, well, or excavation adjacent to any such way or
public place should be fenced in such a manner as to prevent danger
arising to the public —

such Magistrate may make a conditional order requiring the person
or corporation causing such obstruction or nuisance, or carrying on
such trade or occupation, or keeping any such goods or merchandise,
or owning, possessing, or controlling such building, substance, tank,
well, or excavation, within a time to be fixed in the order —

To remove such obstruction or nuisance ; or

To suppress or remove such trade or occupation ; or

To remove such goods or merchandise ; or

To prevent or stop the construction of such building ; or

CRIMINAL PROCEDURE CODE. 243

To remove, repair or support it ; or

To alter the disposal of such substance ; or

To fence such tank, well, or excavation, as the case may be ; or

To appear before such Magistrate, at a time and place to be fixed
by the order, and move to have the order set aside or modified in
manner hereinafter provided.

(ii) No order duly made by a Magistrate under this section shall be
called in question in any Civil Court.

(iii) For the purposes of this section a " public place " includes also
property belonging to the State and grounds left unoccupied for
sanitary or recreative purposes.

90. (i) The order, and any other notice or order given or made such order to
under this Chapter, shall, if jDracticable, be served on the person nlmld. °*^
or corporation against whom it is made in manner in this Code
provided for service of a summons.

(ii) If such order cannot be so served it shall be notified by
proclamation published in the Gazette, and a copy thereof shall be
posted at such place or places as may be fittest for conveying the
information to such person or corporation.

91. The person or corporation against whom such order is made person against

oh nil whom such

^^^'•'^^ order is made

(a) Perform, within the time specified in the order, the act ^ppeaTand
directed thereby ; or shew cause.

(b) Appear in accordance with such order and shew cause against
the same.

92. (i) If such person does not perform such act or appear and Consequence
shew cause as required by the last preceding section he shall be t^ '^^ l^f^"^^
liable to the penalty prescribed in that behalf in Section 188 of the

Penal Code, and the order shall be made absolute.

(ii) If such corporation does not perform such act or appear and
shew cause as provided by the last preceding section the Magistrate
may impose a fine of such amount as he deems necessary to secure
obedience to his order or process, and the order shall be made
absolute.

93. (i) If such person or corporation appears and shews cause Procedure
against the order the Magistrate shall take evidence in the matter, rppearstoshew

(ii) If the Magistrate is satisfied that the order is not reasonable '^^'^^®'
and proper no further proceedings shall be taken in the case.

(iii) If the Magistrate is not so satisfied the order shall be made
absolute.

94. When an order has been made absolute under the last two procedure on
preceding sections the Magistrate shall give notice of the same to ^ade^^"'^
the person or corporation against whom the order was made, and absolute.
shall, further, require him or it to perform the act directed by the

order within a time to be fixed in the notice, and inform him or
it that in case of disobedience he or it will be liable to the penalty
provided by Section 92.

95. (i) If such act is not performed within the time fixed the consequence
Magistrate may cause it to be performed, and may recover the dienceto
costs of performing it either by sale of any building, goods, or other """der.

244

CRIMINAL PROCEDURE CODE.

Injunction
pendinfT linal
decision.

Power to prohi-
bit repetition or
continuance of
nuisance.

property removed by his order, or by the distress and sale of any
other movable property of such person or corporation witliin or
without the local limits of such Magistrate's jurisdiction. If such
other property is without such limits the order shall authorize its
attachment and sale when indorsed by the Magistrate within the
local limits of whose jurisdiction the property to be attached is
found.

(ii) No suit shall lie in respect of anything done in good faith
under this section.

96. (i) If the Magistrate making an order under Section 89 con-
siders that immediate measures should be taken to prevent imminent
danger or injury of a serious kind to the public, he may issue such
an injunction to the person or corporation against whom the order
was made as is required to obviate or prevent such danger or injury,
pending the final decision of the case,

(ii) In default of such person or corporation forthwith obeying
such injunction the Magistrate may use, or cause to be used, such
means as he thinks fit to obviate such danger or to prevent such
injury.

(iii) No suit shall lie in respect of anything done in good faith
by a Magistrate under this section.

97. A Magistrate may order any person not to repeat or continue
a public nuisance as defined in the Penal Code or any special or
local law.

Power to
issue order
absolute at
once in
urgent cases
of nuisance.

Chapter X.

TEMPORARY ORDERS IN URGENT CASES OF

NUISANCE.

98. (i) In cases where, in the opinion of a Magistrate, immediate
prevention or speedy remedy is desirable, such Magistrate may, by
a written order stating the material facts of the case and served in
manner provided in Section 90, direct any person or corporation
to abstain from a certain act or to take certain order with certain
property in his or its possession or under his or its management if
such Magistrate considers that such direction is likely to prevent
or tends to prevent obstruction, annoyance, or injury to any persons
lawfully employed, or danger to human life, health, or safety, or a
riot, or an affray.

(ii) An order under this section may, in cases of emergency or in
cases where the circumstances do not admit of the serving in due
time of notice upon the person or corporation against whom the
order is directed, be made ex parte.

(iii) An order under this section may be directed to a particular
individual or corporation, or to the public generally when frequenting
or visiting a particular place.

(iv) Any Magistrate may rescind or alter any order made under
this section by himself or by his predecessor in office.

(v) No order under this section shall remain in force for more
than seven days from the making thereof.

CRIMINAL PROCEDURE CODE. 245

Chapter XI.
DISPUTES AS TO IMMOVABLE PROPERTY.

99. (i) Whenever a Magistrate is satisfied, from a police report Procedure
or other information, that a dispute likely to cause a breach of the pu'tTconcem-
peace exists concerning any land or water or the boundaries thereof i"^[^e"^to'^*^'*
within the local limits of his jurisdiction, he shall make an order cause breach
in writing stating the grounds of his being so satisfied and requiring ° ^^^'^^'
the parties concerned in such dispute to attend his Court in person

or by Advocate within a time to be fixed by such Magistrate and
to put in Avritten statements of their respective claims as respects
the fact of actual jDossession of the subject of dispute.

(ii) For the purposes of this section and of Section 101 the
expression " land or water " includes buildings, markets, fisheries,
crops, or other produce of land and the rents or profits of any such
property.

(iii) A copy of the order shall be served, in manner provided by
this Code for the service of a summons, upon such person or persons
as the Magistrate may direct, and at least one copy shall be pub-
lished by being affixed to some conspicuous place at or near the
subject of dispute.

(iv) The Magistrate shall then, without reference to the merits
of the claims of any of such parties to a right to possess the subject
of disjiute, peruse the statements so put in, hear the parties, receive
the evidence produced by them respectively, consider the effect of
such evidence, take such further evidence (if any) as he thinks
necessary and, if possible, decide whether any and which of the
parties is then in such possession of the said subject.

Provided that if it appears to the Magistrate that any party has,
within two months next before the date of such order, been forcibly
and wrongfully dispossessed, he may treat the party so dispossessed
as if he had been in possession at such date :

Provided also, that if the Magistrate considers the case one of
emergency, he may at any time attach the subject of dispute
pending his decision under this section,

(v) If the Magistrate decides that one of the parties is then in
such possession of the said subject he shall issue an order declaring
such party to be entitled to retain possession thereof until evicted
therefrom in due course of law, and forbidding all disturbance of
such possession until such eviction.

(vi) Nothing in this section shall preclude any party so required
to attend from shewing that no such dispute as aforesaid exists or
has existed ; and in such case the Magistrate shall cancel the
order, and all further proceedings thereon shall be stayed.

(vii) Proceedings under this section shall not abate by reason
only of the death of any of the parties thereto.

100. If the Magistrate decides that none of the parties is then in Power to
such possession or is unable to satisfy himself as to which of subject of
them is then in such possession of the subject of dispute, he may dispute.
attach it until a competent Civil Court has determined the rights

of the parties thereto or the persons entitled to possession thereof.

246

CRIMINAL PROCEDURE CODE.

Lisputes
concerning
easements,
etc.

Order as to

costs.

101. Whenever a Magistrate is satisfied as aforesaid that a dispute
likely to cause a breach of the peace exists concerning the right to
do or prevent the doing of anything in or u])on any land or water
situate within the local limits of his jurisdiction, he may enquire
into the matter and may, if it appears to him that such right exists,
make an order permitting such thing to be don(! or directing that
such thing shall not be done, as the case may be, until the person
objecting to such thing being done or claiming that such thing may
be done obtains the decision of a competent Civil Court adjudging
him to be entitled to prevent the doing of or to do such thing, as
the case may be.

Provided that no order shall be made under this section permitting
the doing of anything where the right to do such thing is exercisable
at all times of the year unless such right has been exercised within
three months next before the institution of the enquiry or, where
the right is exercisable only at particular seasons, unless the right
has been exercised during the season next before such institution.

102. (i) When any costs have been incurred by any party to a
proceeding under this Chapter, for witnesses or Advocate, or both,
the Magistrate giving a decision under Section 99, Section 100, or
Section 101, may direct by whom such costs shall be paid, whether
by such party or by any other party to the proceeding, and whether
in Avhole or in part or proportion.

(ii) All costs so directed to be paid may be recovered as if they
were fines.

(iii) Such costs shall not exceed the scale in force for the time
being in the Senior Magistrate's Court, and shall be assessed by the
Magistrate at the time when he gives his decision.

Police to

prevent seiz-
able offences.

Information
ol: design to
commit such
offences.

Arrest to
prevent such
offences.

Prevention of
injury to pub-
lic property.

Chapter XII.
PREVENTIVE ACTION OF THE POLICE.

103. Every Police Officer may interpose for the purpose of pre-
venting and shall, to the best of his ability, using all lawful means,
prevent the commission of any seizable offence.

104. Every Police Officer receiving information of a design to
commit any seizable offence shall communicate such information
to the Police Officer to whom he is subordinate and to any other
officer whose duty it is to prevent or take cognizance of the com-
mission of any such offence.

105. A Police Officer knowing of a design to commit any seizable
offence may arrest, without orders from a Magistrate and without
a warrant, the person so designing if it appears to such officer that
the commission of the offence cannot be otherwise prevented.

106. A Police Officer may, of his own authority, interpose to
prevent any injury attempted to be committed in his view to any
public property, movable or immovable, or the removal or injury
of any public land-mark or buoy or other mark used for navigation.

CRIMINAL PROCEDURE CODE.

247

PART V.

INFORMATION TO THE POLICE, AND THEIR POWERS
TO INVESTIGATE.

Chapter XIII.

107. Every information relating to the commission of a seizable information
offence, if given orally to an Officer in charge of a Police Station, cas^^'.^^*^'*^
shall be reduced to ^vriting by him or under his direction and be

read over to the informant ; and every such information, whether
given in uTiting or reduced to writing as aforesaid, shall be signed
by the person giving it, and the substance thereof shall be entered
in a book to be kept by such officer, who shall ajipend to such entry
the date and hour on which such information was given.

108. (i) When information is given to an Officer in charge of a information
Police Station of the commission of a non-seizable offence he shall abiTcases!
enter in a book, to be kept as aforesaid, the substance of such
information, and refer the informant to a Magistrate.

(ii) No Police Officer shall, in a non-seizable case, exercise any of
the special powers in relation to police investigations given by this
Chapter without the order of the Senior Magistrate or a Magistrate, e. 20 of loie.

(iii) Any Police Officer not below the rank of Sergeant-Major,
receiving such order, may exercise the same powers in respect of
the investigation (except the power to arrest without warrant) as
such Police Officer may exercise without an order in a seizable case.

109. (i) Any Police Officer not beloiv the rank of Sergeant-Major e. soofioie.
may, without the order of a Magistrate, exercise all or any of the [nseizabie'°'^
special powers in relation to police investigations given by this cases.
Chapter in any seizable case.

(ii) No proceeding of a Police Officer in any such case shall at
any stage be called in question on the ground that the case was
one in which such officer was not empowered under this section to
exercise the special powers of police investigations given by this
Chapter.

110. (i) If, from information received or otherwise, an Officer in
charge of a Police District has reason to suspect the commission of
a seizable offence, he shall forthwith send a report of the same to suspected
the Public Prosecutor and shall proceed in person, or shall depute
one of his subordinate officers to proceed, to the spot to enquire
into the facts and circumstances of the case and to take such
measures as may be necessary for the discovery and, where not
inexpedient, arrest of the offender :

Provided as follows : —

(a) When any information as to the commission of any such
offence is given against any person by name and the case is not of
a serious nature the Officer in charge of a Police District need not
proceed in person or depute a subordinate officer to make an
enquiry on the spot.

(6) If it appear to the Officer in charge of a Police District that
there is no sufficient ground for proceeding or further proceeding
in the matter he shall not do so.

Procedure
where seizable
offence

248

CRIMINAL PROCEDURE CODE.

Police Offi-
cer's power
to require
attendance of
witnesses.

Examination
of witnesses
by police.

Statements
to police not
to be signed
or admitted
in evidence.

(ii) In each of the cases mentioned in Clauses (a) and {b) the
Officer in charge of the Police District shall state in his said report
his reasons for not fully complying with the requirements of Sub-
section (i).

(iii) Where a Police Offic(^r in charge of a Police District exercises
the power of deputation given by Sub-section (i) the subordinate
officer so deputed, if below the rank of Sergeayit- Major, shall not be
entitled to use any of the powers given by Sections 111, 112, 11 G,
and 117.

111. (i) A Police Officer making a police investigation under this
Chapter may, by order in writing, require the attendance before
himself of any person being within the limits of the district in which
he shall be for the time being making an investigation who, from
the information given or otherwise, appears to be acquainted with
the circumstances of the case, and such person shall attend as so
required ; provided that no person shall be required under this
section to attend at any place distant more than seven miles from
his usual place of abode.

(ii) If any such person refuses to attend as so required such
Police Officer may report such refusal to a Magistrate, who may
thereupon, in his discretion, issue a warrant to secure the attendance
of such person as required by such order as aforesaid.

(iii) Any Police Officer requiring the attendance of any person
employed on a railway shall send immediate information thereof to
the person in charge of the nearest railway station. No person
employed on a railway shall be required to leave his employment
under such circumstances as to endanger the lives of persons
travelling on the railway.

112. (i) A Police Officer making a police investigation under this
Chapter may examine orally any j^erson supposed to be acquainted
with the facts and circumstances of the case and may reduce into
writing any statement made by the person so examined,

(ii) Such person shall be bound to answer truly all questions
relating to such case put to him by such officer other than questions
the answers to which would have a tendency to expose him to a
criminal charge or to a penalty or forfeiture.

113. (i) No statement other than a dying declaration made by
any person to a Police Officer in the course of a police investigation
under this Chapter shall, if reduced to writing, be signed by the
person making it or shall be used as evidence against the accused
otherwise than to prove that the witness made a different statement
at a different time.

Provided that, when any witness is called for the prosecution
whose statement has been taken down in writing as aforesaid, the
Court shall, on the request of the accused, refer to such writing and
may then, if the Court thinks it expedient in the interests of justice,
direct that the accused be furnished with a copy thereof ; and such
statement may be used to impeach the credit of such witness in
manner provided by the Straits Settlements Evidence Ordinance,
1893.

luents to be
ottered.

CRIMINAL PROCEDURE CODE. 249

(ii) Nothing in this section shall be deemed to affect the provisions
of Section 27 of the Straits Settlements Evidence Ordinance, 1893.

113a. Any Police Officer may take or cause to be taken the finger Power to take
impressions of any person u?ider arrest who is accused of any offence impressions of
which is a crime within the meaninq of Section 24 (v) of The Prisons Recused persons

- r>rvr^ \ / / in certain cases.

Enactment, 1907. E.20ofi9i6.

114. No Police Officer or person in authority shall offer or make, Noinduce-
or cause to be offered or made, any inducement, threat, or promise
to any person charged with an offence, to induce such person to
make any statement having reference to the charge against such
person. But no Police Officer or other person shall prevent or
discourage, by any caution or otherAvise, any person from making
in the course of any police investigation under this Chapter, any
statement which he may be di.sposed to make of his own free will.

115. (i) Any Magistrate maj^ record any statement or confession Power to re-
made to him at any time before the commencement of the enquiry ^entfand

or trial. confessions.

(ii) Such statement or confession shall be recorded in full, in
writing, by the Magistrate to Avhom it is made, and shall then be
forwarded to the Magistrate before whom the case is to be enquired
into or tried.

(iii) No Magistrate shall record any such statement or confession
unless, upon questioning the person making it, he has reason to
believe that it was made voluntarily, and when he records any
confession he shall make a memorandum at the foot of such record
to the following effect : —

" I believe that this statement [or confession] was voluntarily
made. It was taken in my presence and hearing and was read
over to the person making it and admitted by him to be correct,
and it contains a full and true account of what he said.

(Signed) '' A. B.

"Magistrate."

(iv) The taking and recording of any statement or confession
shall not disqualify a Magistrate who has so taken and recorded the
same from enquiring into or trying the case.

116. (i) Whenever a Police Officer making a police investigation search by
in a seizable case considers that the production of any document or
other thing is necessary to the conduct of an investigation into any
offence which he is authorized to investigate, and there is reason to
believe that a person to whom a summons or order under Section 50
has been or might be issued will not or would not produce such
document or other thing as directed in the summons or order, or
when such document or other thing is not known to be in the
possession of any person, such officer may search or cause search
to be made for the same in any place.

(ii) Such officer shall, if practicable, conduct the search in person.

(iii) If he is unable to conduct the search in person and there is no
other person competent to make the search present at the time, he
may require any officer subordinate to him to make the search ;
and he shall deliver to such subordinate officer an order in writing

Police Officer.

250

CRIMINAL PROCEDURE CODE.

Police Officer
may require
bond for ap-
pearance of
complainant
and wit-
nesses.

Diary of
proceedings
in investi-
gation.

Report of
Police Officer.

specifying the document or other thing for whicli search is to be
made and the place to be searched, and such subordinate officer may
thereupon search for such thing in such place.

(iv) The provisions of this Code as to search warrants shall, so
far as may be, apply to a search made under this section.

117. (i) If, upon a police investigation under this Chapter, it
appears to the officer making such investigation that there is
sufficient evidence or reasonable ground of suspicion to justify the
commencement or continuance of criminal proceedings for a
seizable offence against any person, such officer shall require the
complainant, if any, and so many of the persons who appear to
such officer to be acquainted with the circumstances of the case as
he may think necessary, to execute a bond to appear before a
Magistrate's Court therein named and give evidence in the matter
of the charge against the accused.

(ii) The officer in whose presence the bond is executed shall send
it to the Magistrate's Court.

(iii) If any complainant or witness refuses to execute such bond
such officer shall report the same to the Magistrate's Court, Avhich
may thereupon in its discretion issue a Avarrant or summons to
secure the attendance of such complainant or witness before itself
to give evidence in the matter of the charge against the accused.

118. Every Police Officer making a police investigation under this
Chaj^ter shall, day by day, enter his proceedings in the investigation
in a diary, setting forth the time at which the order (if any) for
investigation reached him, the time at which he began and closed
his investigation, the place or j^laces visited by him, and a statement
of the circumstances ascertained through his investigation.

119. Every police investigation under this Chapter shall be com-
pleted without unnecessary delay, and as soon as it is completed
the officer making the same shall forward to the Public Prosecutor
a report in the form in the third Schedule setting forth the names
of the parties, the nature of the information, and the names of the
persons who appear to be acquainted with the circumstances of
the case.

Ordinary place
of enquiry and
trial.

Accused triable
in place where
act is done or
where conse-
quence ensues.

PART VI.

PROCEEDINGS IN PROSECUTIONS.

Chapter XIV.

OF THE JURISDICTION OF THE CRIMINAL COURTS IN
ENQUIRIES AND TRIALS.

Place of Enquiry or Trial.

120. Every offence shall ordinarily be enquired into and tried by
a Court within the local limits of whose jurisdiction it was committed.

121. When a person is accused of the commission of any offence
by reason of anything which has been done and of anj^ consequence
which has ensued, such offence may be enquired into or tried by a
Court within the local limits of whose jurisdiction any such thing
has been done or any such consequence has ensued,

CKIMINAL PROCEDURE CODE. 251

Illustrations.

(a) A is wounded within the local limits of the jurisdiction of the Court of
X and dies within those of the Court of Z. The offence of culpable homicide
of A may bo enquired into by the Court of either X or Z.

(6) A is wounded within the local limits of the jurisdiction of the Court of X
and is during ten days within the local limits of the jurisdiction of the Court of
Y, and during ten days more within the local limits of the jvirisdiction of the
Court of Z, tmable in the local limits of the jurisdiction of the Court of either
Y or Z to follow his ordinary piu-suits. The offence of unlawfully causing
grievous hurt to A may bo enquired into by the Court of either X, Y, or Z.

(c) A is put in fear of injury within the local limits of the jurisdiction of the
Court of X, and is thereby induced within the local limits of the jimsdiction of
the Covirt of Y to deliver property to the person who put him in fear. The
offence of extortion committed on A may be enquired into by the Court of
either X or Y.

122. When an act is an offence by reason of its relation to any Place of trial
other act which is also an offence, or which would be an offence if offence^by'^
the doer were capable of committing an offence, a charge of the first '^^^\°.'^°^.
mentioned offence may be enquired into or tried by a Court within other offence.
the local limits of whose jurisdiction either act was done.

Illustrations.

(a) A charge of abetment may be enquired into or tried either by the Court
within the local limits of whose jiirisdiction the abetment was committed, or
by the Coiu-t within the local limits of whose jurisdiction the offence abetted
was committed.

(b) A charge of receiving or retaining stolen goods may be enquired into or
tried either by the Court within the local limits of whose jurisdiction the goods
were stolon, or by the Court within the local limits of whoso jvu'isdiction any
of them were at any time dishonestly received or detained.

(c) A charge of wrongfully concealing a person known to have been kid-
napped may be enquired into by the Court within the local limits of whose
jurisdiction the wrongful concealing, or by the Court within the local limits
of whose jurisdiction the kidnapping took place.

123. (i) The offence of having escaped from custody may be offences of
enquired into or tried by a Court within the local limits of whose custody%f°''^
jurisdiction the person charged is. ap^opriivi^ion

(ii) The offence of criminal misappropriation or of criminal breach breach oTtrust,
of trust may be enquired into or tried by a Court within the local and of stealing,
limits of whose jurisdiction any part of the property which is the
subject of the offence was received by the accused person, or the
offence was committed.

(iii) The offence of stealing anything may be enquired into or
tried by a Court within the local limits of whose jurisdiction such
thing was stolen, or was possessed by the thief, or by any person
who receives or retains the same knowing or having reason to believe
it to be stolen.

124. When it is uncertain in which of several locaj areas an offence where scene of
was committed ; or uncertaS, etc

Where an offence is committed partly in one local area and partly
in another ; or

Where an offence is a continuing one, and continues to be
committed in more local areas than one ; or

252

CRIMINAL PROCEDURE CODE.

Offence com-
mitted on a
journey.

When donbt
(irises Senior
Mafjistrate to
decide where
offence is to be
tried.

Cognizance
of offences by
Magistrate.

No cogni-
zance of cer-
tain offences
except with
sanction of
Public Prose-
cutor or on
complaint of
Court.

Where it consists of several acts done in diflferent local areas, it
may be enquired into or tried by a Court having jurisdiction over
any of such local areas.

125. An offence committed whilst the offender is in the course of
performing a journey or voyage may be enquired into or tried by a
Court through or into the local limits of whose jurisdiction the
offender or the person against whom, or the thing in respect of
which, the offence was committed passed in the course of that
journey or voyage.

126. Whenever any doubt arises as to the Court by which any
offence should, under the preceding provisions of this Chapter, be
enquired into or tried, the Senior Magistrate may decide by which
Court the offence shall be enquired into or tried.

Conditions Requisite for Initiation of Proceedings.

127. (i) Subject to the provisions of this Code a Magistrate ma}^
take cognizance of an offence-
fa) Upon receiving a complaint as defined by this Code ;

(6) Upon his own knowledge or suspicion that such offence has
been committed.

(c) On any person being brought before him in custody without
process accused of having committed an offence which such
Magistrate has jurisdiction either to enquire into or to try.

(ii) When a Magistrate takes cognizance of an offence under
Clause ih) the accused or, when there are several persons accused,
any one of them shall be entitled to require that the case shall not
be tried by such Magistrate but shall either be tried by another
Magistrate or committed for trial before the Senior Magistrate.

128. (i) Except in the case of complaints laid by the Public
Prosecutor, no Court shall take cognizance-
fa) Of any offence punishable under Sections 172 to 188 (both

inclusive) of the Penal Code, except with the previous sanction of
the Public Prosecutor or on the complaint of the public servant
concerned or of some public servant to whom he is subordinate ;

[h) Of any offence punishable under Sections 193, 194, 195, 196,
199, 200, 205, 206, 207, 208, 209, 210, 211, or 228 of the same Code,
except with the previous sanction of the Public Prosecutor or, when
such offence is committed in or in relation to any proceeding in any
Court, on the complaint of such Court ;

(c) Of any offence described in Section 463 or punishable under
Sections 471, 475, or 476 of the same Code, except with the previous
sanction of the Public Prosecutor or, when such offence has been
committed by a party to any proceeding in Court in respect of a
document given in evidence in such proceeding, on the complaint
of such Court. .

(ii) The provisions of sub-section (i) with reference to the offences
named therein apply also to the abetment of such offences and
attempts to commit them.

(iii) The sanction referred to in this section shall be in writing
and may be expressed in general terms, and need not name the

CRIMINAL PROCEDURE CODE.

253

accused person, but it shall, so far as practicable, specify the Court
or other place in which, and the occasion on which the offence was
committed.

(iv) When such sanction is given in respect of any offence referred
to in this section the Court taking cognizance of the case may
frame a charge of any other offence so referred to which is disclosed
by the facts.

(v) No such sanction shall remain in force unless acted upon
within one month from the date on which it was given.

129. No Court shall take cognizance of any offence punishable where com-
under Chapter VI of the Penal Code (except Section 127), or ^^^iamLs
punishable under Section 505 of the same Code, unless upon necessary; or
complaint made by the Resident or b}^ some officer empowered by

him on that behalf.

130. No Court shall take cognizance of an offence falling under by person
Chapter XIX or Chapter XXI of the Penal Code, or under Sections aggrieved ;
493 to 496 (both inclusive) of the same Code, except upon a com-
plaint made by some person aggrieved by such offence, or by the n.s. 25ofi904
Public Prosecutor.^

131. No Court shall take cognizance of an offence under Section orbyhus-
498 of the Penal Code, except upon a complaint made by the ^^°'^-
husband of the woman.

Postpone-
ment of issue
of process.

Chapter XV.
OF COMPLAINTS TO MAGISTRATES.

132. When a Magistrate takes cognizance of an offence on com- Examination
plaint the Magistrate shall at once examine the complainant upon of compiain-
oath, and the substance of the examination shall be reduced to
writing and shall be signed by the complainant and also by the
Magistrate.

Provided always that this section shall not apply to a complaint
of an offence where a summons is applied for in a summons case
made by a Police Officer or by a Public Servant, as defined in the
Penal Code, acting in his public capacity.

133. If the Magistrate sees reason to doubt the truth of a com-
plaint of an offence of which he is authorized to take cognizance
he may, when the complainant has been examined, record his reason
for doubting the truth of the complaint and may then postpone
the issue of process for compelling the attendance of the person
complained against and either enquire into the case himself or
direct some Police Officer to make enquiries for the purpose of
ascertaining the truth or falsehood of the complaint and report
to him the result of such enquiries.

134. (i) The Magistrate before whom a complaint is made may Dismissal of
dismiss the complaint if, after examining the complainant and '="™p''"'i*"
recording his examination and considering the result of the enquiry

(if any) made under the last preceding section, there is in his
judgment no sufficient ground for proceeding,

(ii) The Magistrate if he dismisses the complaint shall record
his reasons for so doing.

1 N.S. only.

254

.CRIMINAL PROCEDURE CODE.

Issue of
process.

Personal
attendance of
accused may
be dispensed
with.

CrrAPTER XVI.

OF THE COMMENCEMENT OF PROCEEDINGS
BEFORE A MAGISTRATE'S COURT.

135. (i) If, in the oi^inion of a Magistiato taking cognizance
of an offence, there is sunieient ground for proceeding and the
case appears to be one in which, according to the fourth column
of the second Schedule, a summons should issue in the first instance,
he shall issue a summons for the attendance of the accused. If
the case appears to be one in which according to that column a
warrant should issue in the first instance he may issue a warrant,
or, if he thinks fit, a summons for causing the accused to be brought
or to appear at a certain time before himself or some other
Magistrate having jurisdiction,

(ii) Nothing in this section shall be deemed to affect the pro-
visions of Section 46.

136. Whenever a Magistrate issues a summons he may, if he sees
reason so to do, dispense with the personal attendance of the
accused and permit him to appear by Advocate. But the Magis-
trate enquiring into or trjnng the case may in his discretion, at any
stage of the proceedings, direct the personal attendance of the
accused and, if necessary, enforce such attendance in manner
hereinbefore provided.

Troceduxe in
enquiries
preparatory
to commit-
ment.

Hearing and
taking of
evidence.

Chapter XVII.

OF PRELIMINARY ENQUIRIES INTO CASES
TRIABLE BY A SUPERIOR COURT.

137. The following procedure shall be adopted in enquiries before
Magistrates where the enquiry is held with a view to committal
for trial to the Court of a Judicial Commissioner, and no person
shall be tried before such Court unless he shall have been com-
mitted for trial after a preliminary enquiry under the provisions
of this Chapter.

138. (i) When the accused person is brought before the Court
the Magistrate shall proceed to hear the case for the prosecution
and to take all such evidence as may be produced in support of
it and such other evidence as the Magistrate may think fit to call
for, allowing in any ease full liberty of cross-examination to the
other side, and to hear the case for the accused if the accused
desires to be heard by himself or Advocate, and to take all such
evidence as may be produced on behalf of the accused.

(ii) Nothing in this section shall prevent evidence being pro-
duced in support of the prosecution or called for by the Magistrate
at any stage of the proceedings, provided that an opjDortunity is
given to the accused to cross-examine and to answer and rebut
such evidence.

(iii) If the Magistrate calls for other evidence than that produced
in the case for the prosecution he must record the fact on the
depositions, stating shortly the nature of the evidence that he
calls for.

CRIMINAL PROCEDURE CODE. 255

(iv) If the officer conducting the prosecution, or the accused,
applies to the Magistrate to issue process to compel the attendance
of any witness or the production of any document or other thing,
the Magistrate shall issue such process unless, for reasons to be
recorded, he deems it unnecessary to do so.

139. (i) When the evidence referred to in the last preceding when
section has been taken and he has examined the accused for the person to be
purpose of enabling him to explain any circumstances appearing discharged.
in the evidence against him, such Magistrate shall, if he finds that

there are not sufficient grounds for committing the accused person
for trial, discharge him, unless it appears to the Magistrate that
such person should be tried before himself or some other Magistrate,
in which case he shall either —

(a) Forthwith frame a charge or charges in writing and call
upon the accused to plead thereto and thereafter without calling
further evidence, unless either he or the prosecutor or the accused
desires further evidence to be called, give judgment ; or

(b) Order the accused to be tried before any other Magistrate,
(ii) Nothing in this section shall be deemed to prevent a Magistrate

from discharging the accused at any previous stage of the case if,
for reasons to be recorded by such Magistrate, he considers the
charge to be groundless.

140. (i) If, at the conclusion of the enquiry, the Magistrate is when charge
of opinion that on the evidence as it stands there are sufficient framed.
grounds for committing the accused for trial, he shall frame a

charge under his hand declaring with what offence or offences the
accused is charged.

(ii) As soon as the charge has been framed it shall be read and
exjilained to the accused and the Magistrate shall read or cause
to be read to the accused the depositions taken against him and
shall say to him these words or words to the like effect — " Having
heard the evidence, do you wish to say anything in answer to the
charge ? You have nothing to hope from any promise of favour
and nothing to fear from any threat which may have been held
out to you to induce you to make any confession of your guilt.
You are not bound to say anything unless you desire to do so,
but whatever you say will be taken down in writing and may be
given in evidence against you at your trial."

The statement of the Magistrate to the accused, or the effect
thereof, and any statement then made by the accused in answer
thereto shall be taken down in writing and read over to him and
shall be signed by the Magistrate and kept with the depositions
of the witnesses and transmitted with them as hereinafter men-
tioned.

A copy of the charge shall, if he so requires, be given to the
accused free of charge.

141. (i) The Magistrate shall then require the accused to give List of

\ / o -ju til witiiBSSGS for

in, orally or in writing, a list of the names and, so far as practicable, defence on
the addresses of the persons (if any) whom he wishes to be sum- '^"^'•
moned to give evidence on his trial, and shall record that he has
so done.

256

CRIMINAL PROCEDURE CODE.

Power of Magis-
trate to exainine
siicU witnesses.

Order of coiii-
uiitineut.

Summons to
witnesses for
defence when
accuseil is
committed.

Bond of wit-
nesses.

(ii) The accused may, at any time before liis trial, give to the
Registrar a further list of persons whom he wishes to give evidence
on his behalf on such trial, provided that such list be accompanied
by a concise statement of the facts to be proved by such witnesses.

(ill) Tlie Registrar, on receiving such lists and statement, shall
forthwith transmit the same to the Public Prosecutor, and shall
also duly issue subpoenas to compel the attendance of such witnesses
at the trial.

142. The Magistrate may, in his discretion, summon and examine
any witness named in any list given in under the last preceding
section.

143. When the accused, on being required to give in a list of
witnesses, has declined to do so, or when he has given in such list,
and the witnesses (if any) included therein whom the Magistrate
desires to examine have been summoned and examined under the
last preceding section, the Magistrate may mak(^ an order commit-
ting the accused for trial on the charge framed under Section 140.

144. When the accused has given in any list of witnesses under
sub-section (i) of Section 141, and has been committed for trial,
the Magistrate shall summon to appear before the Court of a
Judicial Commissioner, such of the witnesses included in the list as
have not appeared before the Magistrate or who, having appeared,
have not for any cause been bound over to appear before the
superior Court ; provided that if the Magistrate thinks that any
witness is included in the list for the purpose of vexation or
delay or of defeating the ends of justice he may require the accused
to satisfy him that there are reasonable grounds for believing
that the evidence of such witnesses is material and, if he is not
so satisfied, may refuse to summon the witness (recording his
reasons for such refusal) or may, before summoning him, require
such sum to be deposited as such Magistrate thinks necessary to
defray the expense of obtaining the attendance of the witness.

145. (i) Complainants and witnesses for the prosecution and
defence whose attendance before the Superior Court is necessary,
and who appear before the committing Magistrate, shall execute
before him bonds binding themselves to be in attendance when
called upon at the superior Court to give evidence, and may, in
the discretion of the Magistrate, be required to find sureties for
the due observance of such bonds.

(ii) If any complainant or witness refuses to attend before the
Superior Court, or to execute the bond above directed, or neglects
to find sureties if so required, the committing Magistrate may
commit him to the civil prison until the trial, or until he gives
satisfactory security that he will give evidence at the trial : pro-
vided that no person shall be committed for neglect to find sureties
until due provision has been made for his maintenance in the civil
prison and for compensating him for his detention and loss of time.

(iii) " Civil prison " in this section means any prison or part of a
prison in which persons arrested under civil process are confined.

CRIMINAL PROCEDURE CODE. 257

146. (i) When the accused is committed for trial the committing Record to be
Magistrate shall send a copy of the record of the proceedings to Rejutmr'! *°
the Public Prosecutor, and the original record and any document,
weapon, or other thing which is to be produced in evidence to the
Registrar.

Provided that any sucli thing which from its bulk or otherwise
cannot conveniently be forwarded to the Registrar may remain
in the custody of the Police.

A list of all exhibits with a note of their distinguishing marks
and shewing which of such exhibits are forwarded with the record
and which remain in the custody of the Police shall be sent to the
Registrar with the record.

(ii) The record shall comprise the following particulars : —

(a) The serial number ;

(b) The date of the commission of the offence ;

{(l) The name and residence of the complainant (if any) ;

(e) The name, residence (if known), and nationality of the
accused ;

(/) The offence complained of and the offence (if any) proved
and the value of the property in respect of which the
offence has been committed ;

(g) The date of the summons or warrant and of the return day
of the summons (if any) or on which the accused was first
arrested ;

(h) The date on which the accused first appeared or was brought
before the Magistrate ;

{i) The date of the making of each adjournment or postponement
(if any), and the date to which such adjournment or
postponement was made, and the grounds of making the
same ;

(/) The date on which the proceedings terminated ;

(k) The order made ;

(l) The depositions ;

(m) The charge.

147. (i) The Magistrate may summon and examine supplementary Power to
witnesses after the commitment and before the commencement p"^n^a?y^'
of the trial and bind them over, in manner hereinbefore provided, witnesses.
to appear and give evidence.

(ii) Such witnesses shall be examined in the presence of the
accused, who shall have the right to cross-examine them, and a
coj)y of the evidence of such witnesses shall, if the accused so require,
be given to him free of cost.

148. The Magistrate shall, subject to the provisions of this Code custody of
regarding the taking of bail, commit the accused by warrant to pending trial.
custody until and during the trial.

1—17

258

CRIMINAL PROCEDURE CODE.

Transfer of
case.

Alteration
of charge.

Withdrawal of
prooeedings.

149. If, at any time during tlie enquiry it appears to the Magis-
trate that the case is one which ought to be tried by some Magistrate
of a higher class than himself, and not to be committed for trial
by the Judicial Conunissioner, he shall stay the jjrocecdings, and
transfer the case of the Court to such Magistrate.

149a. When the copy of the record of an enquiry has been
transmitted to the Public Prosecutor as required by section 146,
the Public Prosecutor shall, if it appears to him necessary or ex-
pedient so to do, alter or redraw the charge or charges against the
accused, or frame an additional charge or charges, having regard
always to the rules as to the form of charges in this Code contained.

149b. When the copy of the record of an enquiry has been
transmitted to the Public Prosecutor as required by Section 146,
it shall be competent for the Public Prosecutor, if he is of opinion
that no further jDroceedings should be taken in the case, to make an
order in writing signed by himself directing the accused person
to be discharged from the matter of the charge, and if such accused
person is in custody from further detention upon such charge,
and he shall send such order to the Court before which the enquiry
was held, and thereupon such Court shall cause the accused to be
brought before it and discharged, and shall record such order and
the discharge made thereon upon the jiroceedings, and shall
transmit a copy thereof to the Registrar.

Form of
charge.

Chapter XVIII.

OF THE CHARGE.

150. (i) Every charge under this Code shall state the offence
with which the accused is charged.

(ii) If the law which creates the offence gives it any specific name
the offence may be described in the charge by that name only.

(iii) If the law which creates the offence does not give it any
specific name so much of the definition of the offence must be stated
as to give the accused notice of the matter with which he is charged.

(iv) The law and section of the law against which the offence is
said to have been committed shall be mentioned in the charge.

(v) The fact that the charge is made is equivalent to a statement
that every legal condition required by law to constitute the offence
charged was fulfilled in the particular case.

(vi) If the accused has been previously convicted of any offence,
and it is intended to prove such previous conviction for the purpose
of affecting the punishment which the Court is competent to award,
the fact, date, and place of the previous conviction shall be stated
in the charge. If such statement is omitted the Court may add it
at any time before sentence is passed.

Illustrations.

(a) A is charged with the mtirder of B. This is equivalent to a statement
that A's act fell within the definition of murder given in Sections 299 and 300
of the Penal Code ; that it did not fall within any of the general exceptions of

CRIMINAL PROCEDURE CODE. 259

the same Code ; and that it did not fall within any of the five exceptions to
Section 300, or that if it did fall within Exception 1, one or other of the three
provisos to tliat exception applied to it.

(6) A is charged, under Section 326 of the Penal Code, with voluntarily
causing grievous hurt to B by means of an instrument for shooting. This is
equivalent to a statement that the case was not provided for by Section 335
of the Penal Code, and that the general exceptions did not apply to it.

(c) A is accused of murder, cheating, theft, extortion, criminal intimidation,
or using a false property-mark. The charge may state that A committed
murder or cheating or theft or extortion or criminal intimidation or that he
used a false property-mark without reference to the definitions of those crimes
contained in the Penal Code ; but the sections under which the offence is
punishable must in each instance be referred to in the charge.

(d) A is charged under Section 184 of the Penal Code with intentionally
obstructing a sale of property offered for sale by the lawful authority of a public
servant. The charge aliould be in those words.

151. (i) The charge shall contain such particulars as to the time Particulars as
and place of the alleged offence, and the person (if any) against and'personr^'
whom, or the thing (if any) in respect of which it was committed,

as are reasonably sufficient to give the accused notice of the matter
Avith which he is charged,

(ii) When the accused is charged with criminal breach of trust
or dishonest misappropriation of money it shall be sufficient to
specify the gross sum in respect of which the offence is alleged to
have been committed and the dates between which the offence is
alleged to have been committed, without specifying particular
items or exact dates, and the charge so framed shall be deemed to
be a charge of one offence within the meaning of Section 162.

Provided that the time included between the first and last of
such dates shall not exceed one year.

152. When the nature of the case is such that the particulars when
mentioned in the last tw'o preceding sections do not give the accused "'Emitting
sufficient notice of the matter with which he is charged, the charge ofCencemust

. . be stated

shall also contain such particulars of the manner in which the
alleged offence was committed as will be sufficient for that purpose.

Illustrations.

(a) A is accused of the theft of a certain article at a certain time and place.
The charge need not set out the manner in which the theft was effected.

(b) A is accused of cheating B at a given time and place. The charge must
set out the manner in which A cheated B.

(c) A is accused of giving false evidence at a given time and place. The
charge must set out that portion of the evidence given by A which is alleged
to be false.

{(1) A is accused of obstructing B, a public servant, in the discharge of his
public functions at a given time and place. The charge must set out the
manner in which A obstructed B in the discharge of his functions.

(e) A is accused of the miirder of B at a given time and place. The charge
need not state the manner in which A murdered B.

(/) A is accused of disobeying a direction of the law with intent to save B
from punishment. The charge must set out the disobedience charged and
the law infringed.

153. In every charge words used in describing an offence shall be sense of
deemed to have been used in the sense attached to them respectively ^hargeTo de-
by the law under which such offence is punishable. ^"»^® offence.

260

CRIMINAL PROCEDURE CODE.

Effect of
errors.

154. No error in stating cither the offence or the particulars
refiuired to be stated in the charge, and no omission to state the
offence or those ])articulars shall be regarded, at any stage of the
case, as material unless the accused was in fact misled by such error
or omission.

Ili-ustrations.

(a) A is charged under Section 242 of the Penal Code with " having heen in
possession of counterfeit (!oin, liaving known at the time when lie hecaniG
possessed thereof that such coin was counterfeit," the word " fraudulently "
being omitted in the charge. Unless it appears that A was in fact misled
by this omission the error shall not be regarded as material.

(b) A is charged with cheating B, and the manner in which ho cheated B is
not set out in the charge, or is set out incorrectly. A defends himself, calls
witnesses, and gives his own account of the transaction. The Court may infer
from this that the omission to set out the manner of the cheating is not
material.

(c) A is charged with cheating B, and the manner in which he cheated B
is not set out in the charge. There were many transactions between A and
B, and A had no means of knowing to which of them the charge referred,
and offered no defence. The Coiu-t may infer from such facts that the omis-
sion to set out the manner of the cheating was, in this case, a material error.

(d) A is charged with the murder of John Smith on the 6th June, 1891. In
fact the nnurdered person's name was James Smith, and the date of the murder
was the 5th June, 1891. A was never charged with any murder but one, and
had heard the enquiry before the Magistrate which referred exclusively to
the case of James Smith. The Coiirt may infer from these facts that A was
not misled, and that the error in the charge was iinmaterial.

(e) A was charged with murdering James Smith on the 5th Jvme, 1891, and
John Smith (who tried to arrest him for that murder) on the Gth June, 1891.
When charged for the murder of James Smith he was tried for the murder of
John Smith. The witnesses present in his defence were witnesses in the case
of James Smith. Tlie Court may infer from this that A was misled and that
the error was material.

Procedure on
coininitmeiit
on imperfect
charge.

Court may-
alter charge.

When trial
may proceed

immediately
after alter-
ation.

155. When any person is arraigned for trial on an imperfect or
erroneous charge the Court of a Judicial Commissioner may permit
or direct the framing of a charge, or adding to or otherwise altering
the charge, as the case may be, having regard to the rules contained
in this Code as to the form of charges.

156. (i) Any Court may alter any charge at any time before
judgment is given or, in the case of trials with the aid of assessors,
before the verdict is given.

(ii) Every such alteration shall be read and explained to the
accused.

157. If a charge be framed or alteration made under either of
the last two preceding sections, the Court shall forthwith call upon
the accused to plead thereto and to state whether he is ready to
be tried on such charge or altered charge. If the accused declares
that he is not ready, the Court shall duly consider the reasons he
may give and if proceeding immediately with the trial is not likely,
in the opinion of the Court, to prejudice the accused in his defence
or the prosecutor in the conduct of the case, the Court may, in its
discretion, after such charge or alteration has been framed or made,
proceed with the trial as if the new or altered charge had been the
original charge.

CRIMINAL PROCEDURE CODE.

261

158. If the new or altered charge is such that proceeding when new
immediately with the trial is likely, in the opinion of the Court, dVrect^d^or*
to prejudice the accused or the prosecutor, as aforesaid, the Court *'g,'Jj|j'^'
may either direct a new trial or adjourn the trial for such period

as may be necessary.

159. If the offence stated in the new or altered charge is one for stay of proceed-
the prosecution of which previous sanction is necessary, the case t"|n of offei?ce
shall not be proceeded with until such sanction is obtained, unless in altered
sanction has been already obtained for a prosecution on the same previous sane-
facts as those on which the new or altered charge is founded. *'°"

160. Whenever a charge is altered by the Court after the com- Recall of wit-
mencement of the trial the prosecutor and the accused shall be "f'^seswhen
allowed to recall or re-summon and examine, with reference to
such alteration, any witness who may have been examined.

charge
altered.

161. For every distinct offence of which any person is accused Separate

there shall be a separate charge, and every such charge shall be dJstmd;^*''

tried separately, except in the cases mentioned in Sections 162, 163, o^ences.
164, and 167.

Illustration.

A is accused of a theft on one occasion, and of causing grievous hurt on
another occasion. A must be separately charged and separately tried for
the theft and causing grievous hurt.

162. (i) When a person is accused of more offences than one of Three offences
the same kind committed within the space of twelve months from kind within
the first to the last of such offences, he may be charged with and l^^^H^,^
tried at one trial for any number of them not exceeding three. gether.

(ii) Offences are of the same kind when they are punishable
with the same amount of punishment under the same section of
the Penal Code, or of any special or local law.

163. (i) If in one series of acts so connected together as to form
the same transaction more offences than one are committed by the
same person, he may be charged with and tried at one trial for
every such offence.

(ii) If the acts alleged constitute an offence falling within two
or more separate definitions of any law in force for the time being
by which offences are defined or punished, the person accused of
them may be charged with and tried at one trial for each of such
offences.

(iii) If several acts, of which one or more than one would by
itself or themselves constitute an offence, constitute when combined
a different offence, the person accused of them may be charged
with and tried at one trial for the offence constituted by such acts
when combined, or for any offence constituted by any one or more
of such acts.

(iv) Nothing contained in this section shall affect Section 71 of
the Penal Code.

Trial for
more than
one offence.

Offence fall-
ing within
two defini-
tions.

Acts consti-
tuting one
offence but
constituting,
when com-
bined, a
different
offence.

262

CRIMINAL PROCEDURE CODE.

Where it is
doubtful
what offence
has been
committed

Illustrations.
To paragraph (i) :

(a) A rescues B, a ])erson in lavvfvil custody, and in so doinp caiLscs grievous
hurt to C, a constable in wlioso custody R was. A may ho charged with and
tried for offences under Sections 22r> and 333 of tlie P{>nal Code.

(b) A lias in his jiossossion several seals, knowing them to be coinitcrfeit,
and intending to use them for the purpose of committing several forgeries,
])unishal)le under Section 4(i() of the Penal Code. A may bo sej)arately charged
with and convicted of the possession of each seal imdor Section 473 of tho
Penal Code.

(c) With intent to cause injury to B, A institutes a criminal proceeding
against him, knowing that thoio is no just or lawful groinid for svich i)roceeding;
and also falsely accuses B of having committed an offence, knowing that
th(>ro is no just or lawful ground for suc'h charge. A may be separately charged
with and convicted of two offences under Section 211 of the Penal Code.

(d) A, with intent to cause injury to B, falsely accuses liim of having com-
mitted an offence, knowing that there is no just or lawful ground for such
charge. On the trial A gives false evidence against B, intending thereby
to cause B to be convicted of a capital offence. A may be separately charged
with and convicted of offences under Sections 211 and 194 of the Penal Code.

(e) A, with six others, commits the offences of rioting, grievous hurt, and
assaulting a public servant endeavouring, in the discharge of his duty as such,
to suppress the riot. A may be separately charged with and convicted of
offences under Sections 145, 325, and 152 of the Penal Code.

(/) A threatens B, C, and D at the same time with injury to their persons,
with intent to cause alarm to them. A may be separately charged with and
convicted of each of the three offences tmder Section 506 of the Penal Code.

The separate charges referred to in Illustrations (a) to (/) respectively
may be tried at tho same time.

To paragraph (ii) : —

(g) A wrongfully strikes B with a cane. A may be separately charged with
and convicted of offences under Sections 352 and 323 of the Penal Code.

{h) Several stolen sacks of corn are made over to A and B, who know they
are stolen property, for the purpose of concealing them. A and B thereupon
voluntarily assist each other to conceal the sacks at the bottom of a grain
pit. A and B may be separately charged with and convicted of offences
under Sections 411 and 414 of the Penal Code.

(i) A exposes her child with the knowledge that she is thereby likely to
cause its death. The child dies in consequence of such exposure. A may be
separately charged with and convicted of offences under Sections 317 and 304
of the Penal Code.

(j) A dishonestly uses a forged document as genuine evidence, in order to
convict B, a public servant, of an offence under Section 1G7 of the Penal
Code. A may be separately charged with and convicted of offences under
Sections 471 (read with 466) and 196 of the same Code.

To paragraph (iii) : —

(k) A commits robbery on B, and in doing so voluntarily causes hvu"t to
him. A may be separately charged with and convicted of offences under
Sections 323, 392, and 394 of the Penal Code.

164. If a single act or series of acts is of such a nature that it is
doubtful which of several offences the facts which can be proved
will constitute, the accused may be charged Avith having committed
all or any of such offences ; and any number of such charges may
be tried at once, or he may be charged, in the alternative, with
having committed some one of the said offences.

Illusteation.

A is accused of an act which may amount to theft, or receiving stolen
property, or criminal breach of trust, or cheating. He may be charged with

CRIMINAL PROCEDURE CODE. 263

theft, receiving stolen property, criminal breach of trust, and cheating, or he
may bo charged with having committed theft, or receiving stolen propertj',
or criminal breach of trust, or cheating.

165. If in the case mentioned in the last preceding section the when a per-
accused is charged with one offence and it appears in evidence that with one''^
he committed a different offence for which he might have been pffencecan

e ^ • t 1 .ilje convicted

charged under the provisions oi that section, he maj^ be convicted of another.
of the offence which he is shewn to have committed although he
was not charged with it.

ILI.USTRATION.

A is charged with theft. It apjiears that he committed the ofTence of criminal
broach of trust, or that of receiving stolen goods. He may be convicted of
criminal breach of trust, or of receiving stolen goods (as the case may be)
though he was not charged with such offence.

166. (i) When a person is charged with an offence consisting of when oCEenoe
several particulars, a combination of some only of which constitutes fiSuded^n

a complete minor offence, and such combination is proved but the oEfence

cU£brs6Q»

remaining particulars are not proved, he may be convicted of the
minor offence though he was not charged with it.

(ii) When a person is charged ^\ith an offence and facts are proved
which reduce it to a minor offence, he may be convicted of the
minor offence although he is not charged mth it.

(iii) Nothing in this section shall be deemed to authorize a con-
viction of any offence referred to in Section 130 or Section 131
when no complaint has been made as required by those sections
respectively.

Illustrations.

(o) A is charged, under Section 407 of the Penal Code, with criminal breach
of trust in respect of property entrusted to him as a carrier. It appears that
he did commit criminal breach of trust vinder Section 406 in respect of the
property, but that it was not entrusted to him as a carrier. He may be
convicted of criminal breach of trust under Section 406.

(b) A is charged, under Section 325 of the Penal Code, with causing grievous
hurt. He proves that he acted on grave and sudden provocation. He may
be convicted under Section 335 of that Code.

167. When more persons than one are accused of the same what persons
offence or of different offences committed in the same transaction, Siarg'^ed
or when one person is accused of committing any offence and jointly-
another of abetment of or attempt to commit such offence, they
may be charged and tried together or separately as the Court thinks
fit, and the provisions contained in the former part of this Chapter
shall apply to all such charges.

Illustrations.

(a) A and B are accused of the same murder. A and B may be charged
and tried together for the murder.

(b) A and B are accused of a robbery, in the coiu-se of which A commits a
murder with which B has nothing to do. A and B may be tried together on
a charge charging both of them with the robbery and A alone with murder.

(c) A and B are both charged with a theft, and B is charged with two other
thefts committed by him in the course of the same transaction. A and B
may be both tried together on a charge charging both with the one theft
and B alone with the two other thefts.

264

CRIMINAL TROCEDURE CODE.

■Withdrawal
of remaining
cliarfres on
conviction on
one of several
charges.

Charge to be
in forms
given in the
Schedule.

(d) A and B being members of opposing factions in a riot, slioukl bo charged
and tried sejiaratoly.

(e) A and B are accused of giving false evidence in the same proceeding.
They should be charged and tried separately.

168. When more charges than one are made against the same
person and when a conviction has been had on one or more of them,
the officer conducting the prosecution may, with the consent of the
Court, withdraw the remaining charge or charges, or the Court of
its OAvn accord may stay the enquiry into or trial of such charge or
charges. Such withdrawal shall have the effect of an acquittal on
such charge or charges, unless the conviction be set aside, in which
case the said Court (subject to the order of the Court setting aside
the conviction) may proceed with the enquiry into or trial of the
charge or charges so withdrawn.

169. (i) All charges upon which persons are tried before the
Court of a Judicial Commissioner shall be brought in the name of the
Public Prosecutor and be as nearly as possible in accordance with
the forms in the third Schedule, and shall be signed by the Public
Prosecutor or by some person authorized by him in that behalf,
and in the latter case the words " By authority of the Public Prose-
cutor " shall be prefixed to the signature.

(ii) The proceedings shall not abate or determine by reason of the
death or removal from office of the Public Prosecutor.

Procedure
in summary
trials.

Chapter XIX.
OF SUMMARY TRIALS BY MAGISTRATES.

170. The following procedure shall be observed by Magistrates in
summary trials : —

(i) When the accused appears or is brought before the Court a
charge containing the particulars of the offence of which he is accused
shall be framed and read and exjjlained to him, and he shall be asked
whether he is guilty of the offence charged or claims to be tried.

(ii) If the accused pleads guilty to a charge, whether as originally
framed or as amended, the plea shall be recorded and he may be
convicted thereon.

Provided that before a plea of guilty is recorded the Court shall
ascertain that the accused understands the nature and consequences
of his plea and intends to admit, without qualification, the offence
alleged against him.

(iii) If the accused refuses to plead or does not plead or claims to
be tried, the Court shall proceed to hear the complainant (if any) and
to take all such evidence as may be produced in support of
the prosecution.

When the Court thinks it necessary it shall obtain from the
complainant or othermse the names of any persons likely to be
acquainted with the facts of the case and to be able to give evidence
for the prosecution, and shall summon to give evidence before itself
such of them as it thinks necessary. The accused shall be allowed
to cross-examine all the witnesses for the prosecution.

(iv) If, upon taking all the evidence referred to in the last preced-
ing sub-section, the Court finds that no case against the accused has

CRIMINAL PROCEDURE CODE. 265

been made out which if unrebuttcd would warrant his conviction, the
Court shall record an order of acquittal. But nothing in this sub-
section shall be deemed to prevent the Court from discharging the
accused at any previous stage of the case if for reasons to be recorded
by the Court it considers the cliarge to be groundless.

(v) If, when such evidence has been taken, the Court is of opinion
that there are grounds for presuming that the accused has committed
the offence charged or some other offence which such Court is com-
petent to try and which in its opinion it ought to try, it shall consider
the charge recorded against the accused and decide whether it is
sufficient and, if necessary, shall amend the same.

(vi) The charge if amended shall be read to the accused as amended
and he shall be again asked whether he is guilty or has any defence
to make.

(vii) If the accused does not plead guilty to the charge as amended
or if no amendment is made the accused shall then be called upon to
enter upon his defence and to produce his evidence, and shall at any
time while he is making his defence be allowed to recall and cross-
examine any witness present in the Court or its precincts.

(viii) If the accused puts in any written statement the Court shall
file it with the record.

(ix) (a) If the accused applies to the Court to issue any process for
compelling the attendance of any witness (whether he has or has
not been previously examined in the case) for the purpose of examin-
ation or cross-examination or the production of any document or
other thing, the Court shall issue such process unless it considers
that such application should be refused on the ground that it is made
for the purpose of vexation or delay or for defeating the ends of
justice. Such ground shall be recorded by it in writing.

(b) The Court may, before summoning any witness on such
application, require that his reasonable expenses incurred in attend-
ing for the purposes of the trial be deposited in Court.

(x) (a) If the Court finds the accused not guilty the Court shall
record an order of acquittal.

(b) If the Court finds the accused guilty or a plea of guilty
is recorded against him it shall pass sentence according to law.

(xi) When the proceedings have been instituted upon the com-
plaint of some person upon oath under Section 132 and upon any day
fixed for the hearing of the case the complainant is absent and the
offence may lawfully be compounded, the Court may, in its discretion,
notwithstanding anj^thing hereinbefore contained, discharge the
accused at any time before calling upon him to enter upon his defence.

171. Without the permission of the Court the complainant shall Right of
not be entitled to make any observations in reply upon the evidence "^'^'
produced by the accused, nor shall the accused be entitled to make

any observations in reply upon the evidence (if any) produced by
the complainant in reply.

172. (i) If in any case the Court acquits the accused and is of Power to
opinion that the complaint was frivolous or vexatious it may, in its prnsation?'
discretion, either on the application of the accused, or on its own

266 CRIMINAL PROCEDURE CODE.

motion, order the complainant or the person on whose information
the com])hvint was maJe to pay to the accused, or to each or any of
the accused where there are more than one, such compensation, not
exceeding $25, as the Court thinks fit.

Provided that the Court (n) shall record and consider any objec-
tions which the conij)hiinant or informant maj^ urge against the
, making of the order and (h) shall record its reasons for making such
order.

(ii) The sum so awarded shall be recoverable as if it were a fine.
Provided that if it cannot be realized the imprisonment to be
awarded shall be simple, and for such term, not exceeding thirty
days, as the Court directs.

(iii) At the time of awarding compensation in any subsequent
civil suit relating to the same matter the Court shall take into
account any sum paid or recovered as compensation under this
sub-section upon proof of the same.

Particulars to 173. In proceedings under this Chapter the Court shall keep a

erecor e . rccord of the particulars of each case, so far as practicable, as
follows : —

(i) In a book to be called the " Charge Book " to be kept by the
Clerk of the Court : —

(a) The serial number ;

(b) The date of the commission of the offence ;

(d) The name and residence of the complainant (if any) ;

(e) The name, residence, and nationality of the accused ;

(/) The offence of which he is accused, the offence (if any)
proved, and the value of the property in respect of which
the offence has been committed ;

(g) The date of the summons or warrant and of the return day
of the summons (if any) or on which the accused was first
arrested ;

(h) The sentence or other final order ;

(ii) In a book to be called the " Magistrate's Note Book " to
be kept by the sitting Magistrate : —

(a) The plea of the accused and his examination (if any) ;

{b) The date when the accused first appeared or was brought
before the Court ;

ment (if any) and the date to which such adjournment or
postponement was made and the grounds of making the
same ;

(d) The date on which the proceedings terminated ;

(e) The finding ;

(/) The sentence or other final order ;

(g) The evidence of the witnesses ;

(A) When notice of appeal is given the grounds of the decision.

CRIMINAL PROCEDURE CODE.

267

Chapter XX.

OF THE TRANSFER OF CASES.

174. Ill any trial before a Magistrate in which it may appear at Transfer of
any stage of the proceedings that from any cause the case is one ^'^^'^^'
which the Magistrate is not competent to try or one which, in the
opinion of such Magistrate ought to be tried by some Court of higher
jurisdiction than his own, the Magistrate shall stay the proceedings
and transfer the case to such other Court or, if it appears to be a case
which ought to be tried by the Court of a Judicial Commissioner,
shall proceed under Chapter XVII with a view to the committal of
the accused for trial by such Court, and record such order on the
proceedings.

Chapter XXI.

OF TRIALS BEFORE THE SENIOR MAGISTRATE
WITHOUT ASSESSORS.

Commence-
ment of trial.

Refusal to
plead or claim
to be tried.

Opening case
for prosecu-
tion.

175. (i) When the Court is ready to commence the trial, the
accused shall appear or be brought before it and the charge shall be
read and explained to him and he shall be asked whether he is guilty
of the offence charged or claims to be tried.

(ii) If the accused pleads guilty the plea shall be recorded, and he
may be convicted thereon.

176. If the accused refuses to or does not plead, or if he claims to
be tried, the Court shall proceed to try the case.

177. (i) The officer conducting the prosecution shall open his case
by stating shortly the nature of the offence charged and the evidence
by which he proposes to prove the guilt of the accused.

(ii) He shall then examine his witnesses, who may in turn be
cross-examined for the defence and, if necessary, re-examined.

(iii) The statements recorded by the committing Magistrate
under Section 140 may then be put in by the officer conducting the
prosecution and read as evidence.

178. When the case for the prosecution is concluded the Court, if
it considers that there is no evidence that the accused committed the
offence, may order that he be discharged. If the Court considers
that there is evidence that the accused committed the offence the
Court shall call on the accused to enter on his defence.

179. The accused or his Advocate may then open his case, stating Defence.
the facts or law on which he intends to rely and making such com-
ments as he thinks necessary on the evidence for the prosecution.

He may then examine his witnesses (if any) and after their cross-
examination and re-examination (if any) may sum up his case.

180. The accused shall be allowed to examine any witness not witnesses for
previously named by him under the provisions of this Code if such previously*
witness is in attendance. named.

181. In all cases the officer conducting the prosecution shall have Reply,
the right to reply on the whole case, whether the accused adduces
evidence or not.

Procedure
after conclu-
sion of case
for prosecu-
tion.

268

CRIMINAL PROCEDURE CODE.

Applicatiou
of Chapter.

ChnrRC to bo
rem! ami
accused to
be asked to
plead.

Court to
proceed to
choose
assessors.

Capital
charges to be
tried with the
aid of assessors.

Number of
assessors.

No challenge.

Absence of
assessors.

Officer conduct-
ing the prosecu-
tion to open his
case and
examine
witnesses.

Duly recorded
statement of
accused may be
put in as
evidence.

When Court
may direct a
verdict of not
guilty.

ClIArTER XXII.

OF TRIALS BEFORE THE JUDICIAL COMMISSIONER OR
SENIOR MAGISTRATE WITH THE AID OF ASSESSORS.

Commencement of Proceedings.

182. (i) The provisions of this Chapter shall apply to cases tried
before the Senior Magistrate with the aid of assessors.

(ii) When the Court is ready to commence the trial the accused
shall appear or be brought before it and the charge shall be read
out in Court and exjilained to him and he shall be asked whether
he is guilty of the offence charged or claims to be tried.

(iii) If the accused pleads guilty the plea shall be recorded, and
he may be convicted thereon.

183. (i) If the accused refuses to or does not plead, or if he claims
to be tried, the Court shall proceed to choose assessors, as hereinafter
directed, and to try the case.

(ii) The same assessors may try as many accused persons succes-
sively as the Court thinks fit,

184. All trials of persons accused of offences punishable with
death shall be held with the aid of assessors, and when the accused
or any one of them is of European nationality the assessors shall also
be of European nationality.

185. (i) When a trial is to be held with the aid of assessors, two
assessors shall be chosen by the Court from the persons summoned
to act as such.

(ii) Neither the Public Prosecutor nor the accused shall be entitled
to challenge or object to any assessor.

186. If in the course of a trial with the aid of assessors, at any
time before the finding, any assessor is, from any sufficient cause,
prevented from attending throughout the trial, or absents himself,
and it is not practicable to enforce his attendance, the trial shall
proceed with the aid of the other assessor or assessors. If all the
assessors are prevented from attending, or absent themselves, the
proceedings shall be stayed and a new trial shall be held with
the aid of fresh assessors.

Trial to Close of Cases for Prosecution and Defence.

187. (i) When the assessors have been chosen the officer conduct-
ing the prosecution shall open his case by stating shortly the nature
of the offence charged and the evidence by which he proposes to
prove the guilt of the accused.

(ii) The officer conducting the prosecution shall then examine his
witnesses, who may in turn be cross-examined for the defence and if
necessary re-examined.

188. The statements recorded by the committing Magistrate
under Section 140 may be put in by the officer conducting the
prosecution and read as evidence.

189. (i) When the case for the prosecution is concluded the Court,
if it considers that there is no evidence that the accused committed
the offence, may direct the assessors to return a verdict of not guilty.

CRIMINAL TROCEDUllE CODE. 269

(ii) If the Court considers that there is evidence that the accused
committed the offence, the Court shall call on the accused to enter
on his defence.

190. The accused or his Advocate may then open his case, stating Accused or his
the facts or law on which he intends to rely and making such ope'irhts^ca'^e^
comments as he thinks necessary on the evidence for the prosecution. ^^;^^^*^'"''
He may then examine his witnesses (if any), and after their cross-
examination and re-examination (if any) may sum up his case.

Provided always that if any accused person elects to be called as a
witness, his evidence shall be taken before that of other witnesses
for the defence. Provided also that any accused person, who elects
to be called as a witness, may be cross-examined on behalf of any
other accused person.

191. The accused shall be allowed to examine any witness not when accused
previously named by him under the provisions of this Code if such witne*S^Mtrpre-
witness is in attendance. ^'"^^^y ''^^^^

192. In all cases the officer conducting the prosecution shall have officer conduct-
the right to reply on the whole case, whether the accused adduces t?on*to hl^fthe
evidence or not. right of reply.

193. (i) Whenever the Court thinks that the assessors should view by as-
view the place in which the offence charged is alleged to have been sessors.
committed or any other place in which any other transaction
material to the trial is alleged to have occurred, the Court shall

make an order to that effect and the assessors shall be conducted
under the care of an officer of the Court to such place, which shall
be shewn to them by a person appointed by the Court.

(ii) Such officer shall not, except with the permission of the Court,
suffer any other person to speak to or hold any communication
with any of the assessors and, unless the Court otherwise directs,
they shall, when the view is finished, be immediately conducted
back into Court.

194. If an assessor is personally acquainted with any relevant fact when assessor
it shall be his duty to inform the Judge that such is the case, ™amined.
whereupon he may be affirmed, examined, cross-examined, and
re-examined in the same manner as any other witness.

195. If a trial is adjourned the assessors shall attend at the Assessors to
adjourned sitting and at every subsequent sitting until the conclu- adjourned
sion of the trial. '"*^^''-

Conclusion of Trial.

196. When the case for the defence and the reply (if any) of the opinions of
officer conducting the prosecution are concluded, the Court may sum

up the evidence for the prosecution and defence and shall require
each of the assessors to state his opinion orally and shall record such
opinion.

197. If the Court and one or both the assessors agree upon the New trial.
verdict, the Court shall give judgment accordingly, but if the Court

is unable to agree with the verdict proposed by both the assessors,
the proceedings shall be stayed and a new trial shall be held with the
aid of fresh assessors.

270

CRIMINAL PROCEDURE CODE.

Sentence.

Liability to
serve as
assessors.

Exemptions.

Preparation
of lists.

Exhibition of
copies.

Notice as to
objections.

List to be
sent to Resi-
dent-General.

Revision of
list.

198. If the accused is convicted the Court shall pass sentence
according to law.

List of Assessors and Svmmoning Assessors.

199. All male persons between the ages of twenty-one and fifty-
five resident within the State, being of sound mind and not afflicted
with deafness, blindness, or other infirmity incapacitating them
from such duties, shall, except as next hereinafter mentioned, be
liable to serve as assessors at any trial within the State.

200. The following persons are exempt from liability to serve as
assessors, namely : —

(a) His Highness the Sultan, the Resident-General, the Resident,
the Judicial Commissioner, the Legal Adviser, the Senior Magistrate,
and the Secretary to the Resident ;

(b) Collectors of Land Revenue and of Customs ;

(d) Persons who have suffered rigorous imprisonment in any part
of the Federated Malay States or of His Majesty's dominions and
have not received a free pardon ;

(e) Persons actually officiating as Priests or Ministers of their
respective religions ;

(/) Surgeons and others who openly and constantly practise the
medical profession ;

(g) Persons employed in any Post Office or Telegraph Office.

201. The District Officer in each district shall, during the month
of November in each year and at such other times as he may be
required to do so by the Resident, prepare, in alphabetical order, a
list of persons residing within the district, qualified in his judgment
to serve as assessors. Such list shall set out the name, place of
abode, nationality, and quality or business of each such person and
shall be dated and forwarded to the Resident during the month of
November in each year or at such other times as may be directed
by the Resident.

202. Copies of such list shall be exhibited in the office of the
District Officer, and in all the Court-houses of the district.

203. To every such copy shall be subjoined a notice stating that
any person desiring to raise any objections to the list may do so by
letter addressed to the Resident within one month after the date of
the list.

204. At the expiration of one month from the date thereof the
Resident shall forward such list, with any objections that may have
been received and his recommendations thereon, to the Resident-
General for revision.

205. After revision by the Resident-General the list as revised
shall be published in the Gazette and shall remain in force until the
publication in like manner of a subsequently revised list.

CRIMINAL PROCEDURE CODE. 271

206. A copy of the list in force for the time being shall be kept in Assessors,
the Court of a Judicial Commissioner, and whenever it is necessary summoned,
to summon assessors the Judicial Commissioner shall select from

the list the names of two or more j^ersons to be served with sum-
monses in the form given in the third Schedule to attend at a certain
time and place to serve as assessors. Such summonses shall be
signed by a Registrar or by a Magistrate of the district within
which the Court is to be held, and shall be i:)ersonally served upon
or left at the usual or last known place of abode of the person so
summoned ten clear days before the date appointed for the holding
of such Court : provided that the Court may direct that any
summons shall be served at any time when it may be impracticable
or highly inconvenient to give ten clear days' notice of the date
upon which the services of any person required to serve as an
assessor will be required.

207. (i) Every person, not being a Government Officer, summoned Remunera-
to serve as an assessor and taking part as assessor in a trial held with assessors ana
the aid of assessors shall be entitled to receive from the public funds punishment
such remuneration as the Resident, with the approval of the attendance.
Resident-General, may from time to time fix by notification in the
Gazette.

(ii) Any person summoned to attend as an assessor, who, without
lawful excuse, fails to attend as required by the summons or, having
attended, departs without having obtained the permission of the
Court, or fails to attend after an adjournment of the Court, after
having been made aware that his attendance will be required, shall
be liable, upon order made by the Court, to a fine not exceeding $50.

208. Such punishment may be inflicted summarily on an order Punishment
to that effect by the Court, and any fine imposed shall be recoverable a°tte°°dance,
by distress and sale of the movable or immovable property of the ^ow inflicted.
personfinedby warrant of distress, to be signed by the Registrar of

the Court, which warrant shall be issued by the Registrar without
further order of the Court if the amount of fine is not paid within
seven days of being imposed, if imposed in the presence of the
person fined, or within seven days of its having come to his know-
ledge, by notice or otherwise, that the fine has been imposed, if
imposed in his absence : provided that it shall be lawful for the
Court, if it deem fit, to remit any fine so imposed.

209. When any person is so fined in his absence the Registrar Person fined
shall forthwith send him a written notice of the fact, requiring him ° ^'^° ® •
to pay the fine, or to shew cause before the Court within seven days

for not pa3ang the same.

Chapter XXIII.
GENERAL PROVISIONS AS TO ENQUIRIES AND TRIALS.

210. *****

211. (i) Subject to the other provisions of this Code every Prisoner
prisoner committed for trial shall, xmless the Senior Magistrate f^o™triL?tobe
otherwise orders, be tried at the assizes next ensuing, provided that tried at next
such commitment has been made five clear days before the day
appointed for the commencement of the assizes.

272

CRIMINAL PROCEDURE CODE.

When Court
may put
questions to
accused.

Procedure
where there
are previous
convictions.

Withdrawal
of prosecu-
tion.

(ii) The Senior Magistrate may. f(jr good cause, to l)c recorded in
writing by him, ijostpone the trial of any person cliarged at any
assi7X's to the next or any subsequent assizes.

212. (i) For the purpose of enabling the accused to explain any
circumstances appearijig in the evidence against him. the Court may
at any stage; of a trial or an encpiiry. without ])reviousIy warning
the accused, put such (juestions to him as tiie Court considers
necessary.

(ii) For the purpose of this section the accused shall not be
sworn and he shall not render himself liable to punishment by
refusing to answer such questions or by giving false answers to
them, but tlie Court may draw such inference from such refusal or
answers as it thinks just.

(iii) The answers given by the accused may be taken into con-
sideration in such trial and put in evidence for or against him in
any enquiry into or other trial for any other offence which such
answers may tend to shew he has committed.

(iv) The examination of the accused shall be for the purpose of
enabling him to explain any circumstances appearing in evidence
against him and shall not be a general examination on whatever
may suggest itself to the Court. The discretion given by this
section for questioning a prisoner shall not be exercised for the
purpose of inducing him to make statements criminatory of himself.
It shall only be exercised for the purpose of ascertaining from a
prisoner how he may be able to meet facts disclosed in evidence
against him so that those facts may not stand against him
unexplained. Questions sha.ll not be put to the prisoner merely
to supplement the case for the prosecution when it is defective.

213. Where the accused is charged with an offence committed
after a previous conviction for any offence the procedure herein-
before laid down shall be modified as follows : —

(a) The part of the charge stating the previous conviction shall
not be read out in Court, nor shall the accused be asked whether he
has been previously convicted as alleged in the charge unless and
until he has either pleaded guilty to or been convicted of the
subsequent offence.

(b) If he pleads guilty to or is convicted of the subsequent offence,
he shall then be asked whether he has been previously convicted as
alleged in the charge.

(c) If he answers that he has been so previously convicted the
Court may proceed to pass sentence on him accordingly, but if he
denies that he has been so jjreviously convicted or refuses to or does
not answer such question the Court shall then enquire concerning
such previous conviction.

214. (i) At any stage of any trial before the Senior Magistrate's
Court before the delivery of judgment, the officer conducting the
prosecution may, if he thinks fit, inform the Court that he does not
propose to further prosecute the accused upon the charge, and
thereupon all proceedings on such charge against the accused may
be stayed by leave of the Court, and if so stayed he shall be
discharged of and from the same.

CRIMINAL PROCEDURE CODE. 273

(ii) Such discharge shall not amount to an acquittal unless the
Court so directs, except in cases coming under Section 168.

215. Subject to the provisions of Section 5, and to any express Ri-rhtoi
provision of law to the contrary, every person accused before any defended."''''
Criminal Court may of right be defended by an Advocate.

216. If the accused, though not insane, cannot be made to Procedure
understand the proceedings the Court may proceed with the enquiry joe^not^'^^^''
or trial and, in the case of a Court inferior to the Senior Magistrate's understand
Court, if such enquiry results in a commitment, or if such trial ^'^'^^ '°^'
results in a conviction, the proceedings shall be forwarded to the

Senior Magistrate's Court, with a report of the circumstances of the
case, and the Senior Magistrate's Court shall make therein such
order or pass such sentence as it thinks fit.

217. (i) If, from the absence of a witness or any other reasonable Power to"
cause, it becomes necessary or advisable to postpone the commence- adjourn^ ""^
ment of or adjourn any enquiry or trial the Court may, by order in proceedings.
writing, from time to time, postpone or adjourn the same on such

terms as it thinks fit for such time as it considers reasonable and
may, by a warrant, remand the accused if in custody : provided that
no Magistrate shall remand an accused person to custody under this
section for a term exceeding eight days at a time.

(ii) Every order made under this section by a Court other than
the Court of a Judicial Commissioner shall be in writing, signed by
the presiding Magistrate, and shall state the reasons therefor.

Explanation. — If siifficient evidence has been obtained to raise a suspicion
that tlio accused may have committed an offence and it appears likely that
further evidence may be obtained by a remand, this is a reasonable cause
for a remand.

218. (i) The offences punishable under the sections of the Penal compounding
Code described in the first two columns of Part A of the table next °^®'"=^^-
following may, when no prosecution for such offence is actually
pending, be compounded by the person mentioned in the third
column of that table ; or when a prosecution for such offence is
actually j^ending, be compounded by such person with the consent

of the Court before which the case is pending.

(ii) The offences punishable under the sections of the Penal Code
described in Part B of the table next following may, with the
consent of the Court before which the case is pending, be compounded
by the person to whom the hurt has been caused.

(iii) When any offence is compoundable under this section the
abetment of such offence or an attempt to commit such offence
(when such attempt is itself an offence) may be compounded in like
manner.

(iv) When the person who would otherwise be competent to
compound an offence under this section is a minor, an idiot, or
lunatic, any person competent to contract on his behalf may
compound such offence.

(v) The composition of an offence under this section shall have
the effect of an acquittal of the accused.

(vi) No offence under the Penal Code not mentioned in this
section shall be compounded.

1—18

274

CRIMINAL PROCEDURE CODE.

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CRIMINAL PROCEDURE CODE.

275

PART B.

Offence.

Section of
Penal Code
applicable.

Voluntarily causing hurt by dangerous weapons . .

324

Voluntarily causing grievous hurt

325

Voluntarily causing grievous hurt on sudden provoca-

tion

335

Causing hurt by an act which endangers life . .

337

Causing grievous hurt by an act which endangers life

338

219. Where any person having been convicted of an offence Trial of per-
punishable under Chapter XII or Chapter XVII of the Penal Code f^'Xlcted'
with imprisonment for a term of three years or upwards is again of certain

offences

accused of any offence punishable under either of those Chapters
with imj^risonment for a term of three years or upwards, the case
shall, if the Magistrate before whom such person is accused considers
him an habitual offender, ordinarily be committed for trial to the
Senior Magistrate's Court.

Change of
Ma!?istrate
during
hearing or
enquiry.

220. Whenever any Magistrate after having heard and recorded
the whole or any part of the evidence in an enquiry or a trial ceases
to exercise jurisdiction therein and is succeeded by another Magis-
trate who has and who exercises such jurisdiction, the Magistrate
so succeeding may act on the evidence so recorded by his predecessor
or partly recorded by his predecessor and partly recorded by
himself, or he may re-summon the witnesses and recommence the
enquiry or trial :

Provided as follows : —

(a) In any trial the accused may, when the second Magistrate
commences his proceedings, demand that the witnesses or any of
them be re-summoned and re-heard.

(6) The Senior Magistrate may, whether there be an appeal or
not, set aside any conviction had on evidence not wholly recorded
by the Magistrate before whom the conviction was had, if the Senior
Magistrate is of opinion that the accused has been materially
prejudiced thereby, and may order a new enquiry or trial.

221. (i) Any person attending a Criminal Court, although not Detention of
under arrest or upon a summons, may be detained by such Court attending
for the purpose of examination for any offence of which such i^i court.
Court can take cognizance and which, from the evidence, he may
appear to have committed, and may be proceeded against as
though he had been arrested or summoned.

276

CRIMINAL PROCEDURE CODE.

Sunday or
public lioli-
dny.

(ii) When tlie detention takes place in the course of an enquiry
under Chapter XVII, or after a trial has been begun, the pro-
ceedings in respect of such persons shall be commenced afresh and
the witnesses re-heard.

222. No proceeding of any Criminal Court shall be invalid by
reason of its ha])pening on a Sunday or public holiday.

Evidenoe
taken in
presence of
accused.

Manner of
recording
evidence.

Eecord in
summons
cases.

Record in
other cases.

Mode of

recording

evidence.

Reading over
evidence, and
correction.

Chapter XXIV.

OF THE MODE OF TAKING AND RECORDING EVIDENCE
IN ENQUIRIES AND TRIALS.

223. Except as otherwise expressly provided all evidence taken
under Chapters XVII, XIX, XXI, and XXII shall be taken in the
presence of the accused or, when his personal attendance is dispensed
with, in the presence of his Advocate.

224. In enquiries and trials under this Code the evidence of the
witnesses shall be recorded in the manner provided by this Chapter.

225. (i) In summons cases tried before a Magistrate the Magistrate
shall, as the examination of each witness proceeds, make a note of
the substance of what such witness deposes, and such note shall
be written and signed by the Magistrate with his own hand in
legible handwriting and shall form part of the record.

(ii) If the Magistrate is prevented from making a note as above
required he shall record the reason of his inability to do so and
shall cause such note to be made in writing from his dictation in
open Court and shall sign the same, and such note shall form
part of the record.

226. In all other trials before the Senior Magistrate or any other
Magistrate, and in all enquiries under Chapters XI and XVII the
evidence of each witness shall be taken down in legible handwriting
in English by the presiding Magistrate, and shall be signed by such
Magistrate, and shall form part of the record.

227. (i) Evidence taken under the last preceding section shall
not ordinarily be taken down in the form of question and answer,
but in the form of a narrative,

(ii) The presiding Magistrate may, in his discretion, take down
any particular question and answer.

228. (i) The evidence of each witness taken in enquiries under
Chapters XI and XVII shall be read over to him in the presence
of the accused, if in attendance, or of his Advocate if he appears
by Advocate, and shall, if necessary, be corrected.

(ii) If the witness deny the correctness of any part of the evidence
when the same is read over to him the presiding Magistrate may,
instead of correcting the evidence, make a memorandum thereon
of the objection made to it by the witness, and shall add such
remarks as he thinks necessary.

CRIMINAL PROCEDURE CODE.

277

Interpreta-
tion of
evidence to
accused.

(iii) ]f the witness does not understand English the evidence so
taken down shall be interpreted to him in the language in which it
was given or in a language which he understands.

229. (i) Whenever any evidence is given in a language not
understood by the accused, and he is present in person, it shall be
interpreted to him in open Court in a language which he understands.

(ii) When documents are put in for the purpose of formal proof
it shall be in the discretion of the Court to interpret as much thereof
as appears necessary.

230. A presiding Magistrate recording the evidence of a witness Remarks as
may, at the conclusion of such evidence and at the foot of the o° wi'tne&s'""'^
notes thereof, record such remarks (if any) as he thinks material
respecting the demeanour of such witness whilst under examination.

Chapter XXV.
OF THE JUDGMENT.

231. (i) The judgment in every trial in any Criminal Court of Mode of

delivering
judgment.

original jurisdiction shall be pronounced in open Court, either
immediately or at some subsequent time of which due notice shall
be given to the parties or their Advocates, and the accused shall,
if in custody, be brought up or, if not in custody, shall be required
to attend to hear judgment delivered, except where his. personal
attendance during the trial has been dispensed with and the sentence
is one of fine only.

(ii) In the case of trials in any Criminal Court, if it appears to
the Court expedient, the Court, instead of pronouncing judgment,
may direct that the accused be released on his entering into a bond,
with or without sureties and during such period as the Court may
direct, to appear and receive judgment if and when called upon
and in the meantime to keep the peace and be of good behaviour.

232. When the conviction is under the Penal Code and it is judsment
doubtful under which of two sections or under which of two parts "? "^^

of the same section of that Code the offence falls, the Court shall
distinctly express the same and pass judgment in the alternative.

233. When any person is sentenced to death the sentence shall judgment of
direct that he be hanged by the neck till he is dead, but shall not ^'^'*'^'^-
state the place where nor the time when the sentence is to be
carried out.

Judgment
not to be
altered.

234. No Court, other than the Court of a Judicial Commissioner,
when it has recorded its judgment, shall alter or review the same ;
provided that a clerical error may be rectified at any time, and
that any other mistake may be rectified at any time before the
Court rises for the day.

235. The judgment shall be explained to the accused and on his judgment to

application a copy of the judgment or, when he so desires, a trans- ^e explained

lation in his own language, if practicable, shall be given to him and copy sup-
plied.

278

CRIMINAL PROCEDURE CODE.

without delay. Such copy shall, in any case other than a summons
case, be given free of cost.

Judgment to be 236. Tho Original judgment shall be entered on and, if written,
ricord."'' filed \\ith the record of proceedings.

Provisions as
to execution
of sentences
of death.

Criin. Pro.
Code Amend.
En. 1905.

Chapter XXVI.

OF SENTENCES AND THE CARRYING OUT THEREOF.

237. With regard to sentences of death the following provisions
shall take effect : —

(a) After sentence has been pronounced a warrant, under the
seal of the Court, shall be made out for the commitment of the
person sentenced to the custody of the Gaoler of the district, in
accordance with the form in the third schedule, and such warrant
shall be full authority to the said Gaoler, or any officer appointed
by him for that purpose, for receiving into his custody and detain-
ing the person so sentenced until the further warrant or order of
the Court.

(b) (i) In cases in which notice of appeal is not given within the
prescribed period, the Judicial Commissioner jMssing sentence of
death shall, as sooti as conveniently may be after snch period has elapsed,
forward to the Resident a copy of the notes of evidence taken on the
trial, together with a report in writing signed by him, setting out his
opinion whether there are any reasons, and, if any, what reasons there
are, why the sentence of death should or should not be carried out.

(ii) In cases in which an appeal is jweseided and the Court of Aj^peal
confirms the sentence, the officer presiding in such Court shall, as soon
as conveniently may be after such confirmation, forward to the Resident
a copy of the notes of evidence taken on the original trial, and a copy
of the record of the proceediyigs before the Court of Appeal, together with
a report in ivriting signed by him stating whether in the opiniori of
the Court of Appeal there are any reasons, and, if any, what reasons
there are, why the sentence of death should or should not he carried out.

(c) The Resident shall, upon receipt of the proceedings, submit
the same to the Ruler of the State in Council and shall communicate
to the Court of the Judicial Commissioner passing sentence a copy
under his hand and seal of any order the Ruler of the State in
Council may make thereon, which order, if the sentence is to be
carried out, shall state the place where the execution is to be held,
and if the sentence is commuted into any other punishment shall
so state ; and if the person sentenced is pardoned shall so state.

{d) (i) On receiving the copy of the said order the Court shall
cause the effect of the sam^ to be entered in the records of the
Court, and when the said order directs the sentence to be carried
out shall appoint the time when it is to be carried out and shall
endorse the time so appointed upon the said order and shall in all

CRIMINAL PROCEDURE CODE. 279

cases cause such order to be carried into effect by issuing a warrant
or taking such other steps as may be necessary.

(ii) The Ruler of the State in Council may order a respite of the
execution of the warrant and afterwards appoint some other time
or other place for its execution.

(iii) Such warrant shall be directed to the Gaoler of the district
where the sentence is to be carried into effect, who shall carry the
sentence into effect in accordance with law.

(e) If a woman sentenced to death be alleged to be with child
the Court shall direct one or more medical practitioners to be sworn
to examine the woman in some private place, either together or
separately, and to enquire whether she is with child or not. If,
upon the report of any of them, it appears to the Court that she is
with child, execution shall be arrested until she is delivered of a
child, or until it is no longer possible in the course of nature that
she should be so delivered.

(/) (i) There shall be present at the execution of the sentence
the District Surgeon and Gaoler and such other officers of the
prison as the Gaoler requires, and there may also be present any
Minister of Religion in attendance at the prison and such relations
of the prisoner or other persons as the Gaoler thinks proper to
admit.

(ii) As soon as may be after judgment of death has been executed
the District Surgeon shall examine the body of the person executed
and shall ascertain the fact of death and shall sign a certificate
thereof and deliver the same to the Gaoler.

(iii) A Magistrate of the district shall, within tAventy-four hours
after the execution, hold an enquiry and satisfy himself of the
identity of the body and whether judgment of death was duly
executed thereon, and he shall make a report thereof to the Resident.

(g) When a sentence of death is avoided by the escape of the
person sentenced to death, execution of such sentence shall be carried
into effect at such other time after his recapture as the Court
shall order.

(h) No omission or error as to time and place and no defect in
form in any order or warrant given under this section and no
omission to comply with the provisions of sub-section (/) shall be
held to render illegal any execution carried into effect under such
order or warrant, or intended so to have been carried into effect,
or shall render any execution illegal which would otherwise have
been legal.

238. With regard to sentences other than sentences of death the provisions &s
following provisions shall take effect : — *° sentences

of imprisoa-

(a) Where the accused is sentenced to imprisonment the Court ment.
passing the sentence shall forthwith forward a warrant to the prison
in which he is to be confined and, unless the accused is already

280 CRIMINAL PROCEDURE CODE.

confined in sucli prison, shall forward him to such prison uith tin:
warrant.

(h) Every Avarrant for the execution of a sentence of imprison-
ment shall be directed to the officer in charji^e of the prison or other
place in which the prisoner is or is to be confined.

(c) When the priscmer is to be confined in a j)rison the warrant
shall be lodged with the oi'iiccr in charge of the prison.

Provisions ns 239. Where any fine is imposed under the authority of any law

of ^liues."'^''^ for the time being in force, then, in the absence of any exjjress

provision relating to such fine in such law contained, the provisions

following shall apply (that is to say) : —

(a) Where no sum is expressed to which the fine may extend, the
amount to Avhich the offender is liable is unlimited, but shall not
be excessive.

(h) In every case of an offence in which the offender is sentenced
to pay a fine the Court passing the sentence may in its discretion —

(i) Direct by the sentence that in default of payment of the fine
the offender shall suffer imprisonment for a certain term, which
imprisonment shall be in excess of any other imprisonment to which
he may have been sentenced, or to which he may be liable under a
commutation of a sentence ; and also

(ii) Issue a warrant for the levy of the amount by distress and
sale of any property belonging to the offender.

(c) The term for which the Court directs the offender to be
imprisoned in default of payment of a fine shall be as follows :^

(i) If the offence is punishable with imprisonment for any term
exceeding six months it shall not exceed one -fourth of the term of
imprisonment which is the maximum fixed for the offence.

(ii) If the offence is punishable with imprisonment for any term
not exceeding six months it shall not exceed the term of imprison-
ment which is the maximum fixed for the offence.

(iii) If the offence is not punishable with imprisonment it shall
not exceed the following scale (that is to say) : —

When the fine does not exceed $25 the imprisonment in default
of payment may be for any term not exceeding two months.

When the fine does not exceed $50 for any term not exceeding
four months.

In any other case for any term not exceeding six months.

(d) The imprisonment which the Court imposes in default of
payment of a fine may be of either description.

(e) The imprisonment which is imposed in default of payment of
a fine shall terminate whenever that fine is either paid or levied by
process of law.

CRIMINAL PROCEDURE CODE. 281

(/) If, before the expiration of the time of imprisonment fixed
in default of payment, such a proportion of tiie fine be paid or
levied that the time of imprisonment suffered in default of payment
is not less than proportional to the part of the fine still unpaid,
the imprisonment shall terminate.

(g) The fine, or any part which thereof remains unpaid, may be
levied at any time within six years after the passing of the sentence,
and if under the sentence the offender be liable to imprisonment
for a longer period than six years then at any time previous to the
expiration of that period, and the death of the offender does not
discharge from the liability any property which would after his
death be legally liable for his debts.

240. When an offender has been sentenced to fine only and to Suspension of
imi^risonment in default of payment of the fine and the Court certalncases.
issues a warrant und(>r the last preceding section, it may suspend

the execution of the sentence of imprisonment and may release
the offender on his executing a bond, with or without sureties as
the Court thinks fit, conditioned for his appearance before such
Court on the day appointed for the return to such warrant, such
day not being more than fifteen days from the time of executing
the bond ; and in the event of the fine not having been realized
the Court may direct the sentence of imprisonment to be carried
into execution at once.

241. Every warrant for the execution of any sentence may be warrant, by
issued either by the Magistrate who passed the sentence or by his tl^ate issuable.
successor or other Magistrate acting in his place.

242. When the accused is sentenced to whipping only the sentence piace for exe-
shall be executed at such place and time as the Court may direct, of wifippii^g?^^

243. When the accused is sentenced to whipping in addition to Timeofeie-
imprisonment the whipping shall not be inflicted until after the seuieLe*!*
expiration of seven days from the date of the sentence or, if an

appeal be made within that time, until the sentence is confirmed
by the Appellate Court, but the whipping shall be inflicted as soon
as practicable after the expiration of the seven days or, in case of
an appeal, as soon as practicable after the receipt of the order of
the Appellate Court confirming the sentence.

244. (i) When the accrised is sentenced to ivhipping, the instrument Modeofexe-
to he used and the number of strokes shall he specified in the sentence, sentence!'^'^
In no case shall a youthftd offender he whipped with a cat-of -nine-tails, ^ 30 of jgig,
and in no case shall the whipping awarded at a7iy one trial exceed
twenty-four strokes in the case of an adult or ten strokes in the case of

a youthful offender, anything in any Enactment to the contrary not-
withstanding.

(ii) Whipping shall he inflicted on such part of the person as the
Resident from time to time generally directs.

(iii) The cat-of -nine-tails shall he of a pattern approved hy the
Chief Secretary to Government, and the rattan shall he not more than
half-an-inch in diameter.

282

CRIMINAL PROCEDURE CODE.

Certain persons
not punishable
with whipping.

E. loflOlS.

Medical
Officer's certifi-
cate required.

Commencement
of sentence of
imprisonment
on prisoner
already under-
going imprison-
ment.

Youthful
offenders.

(iv) In the case of a youthful offender whipping shall be inflicted
in the ivay of school discijMne with a light rattan.

(v) When a person is convicted at one trial of any two or more
distinct offences any two or more of which are legally punishable by
ivhipping, the combined sentences of whipping awarded by the Court
for any offences shall not, anything in the Enactment to the contrary
nolivithstanding , exceed a total number of tioenty-four strokes in the
case of adults and ten strokes in the case of youthful offenders.

245. No sentence of whipping shall be executed by instalments,
and none of the following persons shall be punishable with whipping
(namely) : —

(a) Females ;

{b) Males sentenced to death * * * ;

246. (i) The punishment of whipping shall not be inflicted unless
a Medical Officer is present and certifies that the offender is in a
fit state of health to undergo such punishment.

(ii) If during the execution of a sentence of whipping a Medical
Officer certifies that the offender is not in a fit state of health to
undergo the remainder of the sentence the whipping shall be finally
stopped.

(iii) Where whipping is inflicted under Section 248 a Medical
Officer need not be present, but such whipping shall not be inflicted
unless it appears to the Court that the offender is in a fit state of
health to undergo the same.

247. (i) When a person Avho is an escaped convict or is undergoing
a sentence of imprisonment or penal servitude is sentenced to
imprisonment or penal servitude, such imprisonment or penal
servitude shall commence either immediately or at the expiration
of the imprisonment to which he has been previously sentenced,
as the Court awarding the sentence may direct. A sentence of
death shall be executed notwithstanding the pendency of any
sentence of imprisonment or penal servitude.

(ii) Nothing in the last preceding sub-section shall be held to
excuse any person from any part of the punishment to which he
is liable upon his former or subsequent conviction.

248. (i) When any youthful offender is convicted before any
Criminal Court of any offence punishable by fine or imprisonment,
whether rigorous or simple, such Court may instead of awarding
any term of imprisonment in default of payment of the fine or
passing a sentence of imprisonment —

(a) Order such offender to be discharged after due admonition
if the Court shall think fit ; or

(6) Order such offender to be delivered to his parent or to his
guardian or nearest adult relative on such parent, guardian, or

CRIMINAL PROCEDURE CODE. 283

relative executing a bond with or without a surety or sureties,
as the Court may require, that he will be responsible for the good
behaviour of the offender for any period not exceeding twelve
months ; or

(c) Order such offender, if a male, to be whipped with not more
than ten strokes of a light cane or rattan within the Court premises
and in the presence, if he desires to be present, of the parent or
guardian of such offender.

(ii) The Court before which a youthful offender is convicted
may, in addition to or instead of punishing such offender in manner
provided in this section inflict on his parent or guardian a fine not
exceeding S20 in any case in which such Court, after summary
enquiry, is satisfied that such parent or guardian has, by neglecting
to take proper care or otherwise, conduced to the misconduct of
such offender ; provided that no parent or guardian shall be fined
without his having had an opportunity of being heard and (if he
desires it) of adducing evidence in his defence.

249. (i) When a person is convicted of theft or cheating or any Release on
other offence punishable A\ith not more than two years' imprison- {)rst ^*^'°'' °^
ment before any Court and no previous conviction is proved against offenders.
him, if it appears to such Court that, regard being had to the youth,
character, and antecedents of the offender, the trivial nature of
the offence, and to any extenuating circumstances under which
the offence was committed, it is expedient that the offender be
released on probation of good conduct, the Court may, instead of
sentencing him at once to any punishment, direct that he be re-
leased on his entering into a bond, with or without sureties and
during such period as the Court may direct, to appear and receive
judgment if and when called upon and in the meantime to keep the
peace and be of good behaviour.

(ii) The Court may, if it thinks fit, direct that the offender shall
pay the costs of the prosecution or some portion of the same within
such period and by such instalments as may be directed by the
Court.

(iii) If a Court having power to deal with the offender in respect
of his original offence, or any Court of summary jurisdiction, is
satisfied by information on oath that the offender has failed to
observe any of the conditions of his bond, it may issue a warrant
for his apprehension.

(iv) Any offender when apprehended on any such warrant shall,
if not forthwith brought before the Court having power to sentence
him, be brought before a Magistrate, and such Magistrate may
either remand him by warrant until the time at which he is required
by his bond to appear for judgment or until the sitting of a Court
having power to deal with his original offence, or may admit him
to bail with a sufficient surety conditioned on his appearing for
judgment.

(v) The offender, when so remanded, may be committed to prison
and the warrant of remand shall order that he be brought before

284

CRIMINAL PROCEDURE CODE.

Return of
warrant.

the Court before which he was bound to appear for judgment or
to answer as to his conduct since his release.

250. When a sentence has been fully executed the officer executing
it shall return the warrant to the Court from which it issued with
an endorsement under his hand certifying the manner in which
the sentence has been executed.

OF SUSPENSIONS.

Power to sus-
pend or remit
sentences.

Chapter XXVII.

REMISSIONS, AND COMMUTATIONS

OF SENTENCES.

251. (i) When any person has been sentenced to punishment for
an offence the Resident may at any time, without conditions, or
upon any conditions which the person sentenced accepts, suspend
the execution of his sentence or remit the whole or any part of the
punishment to which he has been sentenced.

(ii) Whenever an application is made to the Resident for the
suspension or remission of a sentence the Resident may require
the convicting Magistrate or Judge to state his opinion as to whether
the application should be granted or refused and such Magistrate
or Judge shall state his opinion accordingly.

(iii) If any condition on which a sentence has been suspended or
remitted is, in the opinion of the Resident, not fulfilled the Resident
may cancel such suspension or remission ; whereupon the person
in whose favour the sentence has been suspended or remitted may,
if at large, be arrested by any police officer without warrant and
remanded by a Magistrate to undergo the unexpired portion of the
sentence.

(iv) Nothing herein contained shall be deemed to interfere with
the right of the Ruler of the State to grant pardons, reprieves,
respites, or remissions of punishment.

252. The Resident may, without the consent of the person
sentenced, commute any one of the following sentences for any other
mentioned after it : —

(a) Death ;

(6) Penal servitude ;

(d) Simple imprisonment for a like term ;
(c) Fine.

Chapter XXVIII.

OF PREVIOUS ACQUITTALS OR CONVICTIONS.

Person once 253. (i) A pcrson who has once been tried by a Court of competent

convicted or lurisdictiou for an offence and convicted or acquitted of such offence

acquitted not J .. ■,,!••£ j.i_

to be tried shall, whilc such couvictiou or acquittal remains m force, not be

offence?^ ^'^"'^ liable to be tried again for the same offence nor on the same facts for

Power to
commute
punishment.

CRIMINAL PROCEDURE CODE. 285

any other offence for which a different charge from the one made
against him might have been made under Section 164 or for which he
might have been convicted under Section 165.

(ii) A person acquitted or convicted of any offence may be after-
wards tried for any distinct offence for which a scjiarate charge might
have been made against him on the former trial under Sub-section
(i) of Section 163.

(iii) A person convicted of any offence constituted by any act
causing consequences which, together with such act, constituted a
different offence from that of which he was convicted, may be
afterwards tried for such last mentioned offence, if the consequences
had not happened or were not known to the Court to have happened
at the time when he was convicted.

(iv) A person acquitted or convicted of any offence constituted
by any acts may, notwithstanding such acquittal or conviction, be
subsequently charged with and tried for any other offence consti-
tuted by the same acts which he may have committed, if the Court
by which he was first tried was not competent to try the offence
with which he is subsequently charged.

Explanation. — The dismissal of a comiDlaint or the discharge of the accused
is not an acquittal for the purposes of this section.

Illustrations.

(a) A is tried upon a charge of theft as a servant, and acquitted. He
cannot afterwards, while the acquittal remains in force, be charged upon
the same facts with theft as a servant, or with theft simply, or with crinainal
breach of trust.

(6) A is tried upon a charge of murder and acquitted. There is no charge
of robbery, but it appears from the facts that A committed robbery at the
time when the murder was committed ; he may afterwards be charged with
and tried for robbery.

(c) A is tried for causing grievous hurt, and convicted. The person injiu-ed
afterwards dies. A may be tried again for culpable homicide.

(d) A is tried and convicted of the culpable homicide of B. A may not
afterwards be tried on the same facts for the murder of B.

(e) A is charged and convicted of voluntarily causing hurt to B. A may
not afterwards be tried for voluntarily causing grievous hurt to B on the same
facts imless the case comes within Sub-section (iii) of this section.

254. (i) The plea of a previous acquittal or conviction may be rieaof
pleaded either orally or in writing, and may be in the following form acquiuai or
or to the following effect : — conviction.

The defendant says that by virtue of Section 253 of the Criminal
Procedure Code, 1903,^ he is not liable to be tried.

(ii) Such plea may be pleaded together with any other plea, but
the issue raised by such plea shall be tried and disposed of before the
issues raised by the other pleas are tried.

(iii) On the trial in the Senior Magistrate's Court of an issue
on a plea of a previous acquittal or conviction the depositions
transmitted to the Court on the former trial, together with the Senior

1 Pk. and Sel., 1902.

286

CRIMINAL PROCEDURE CODE.

Magistrate's notes, if availa])le, and the depositions transmitted to
the Court on the subsequent charge, shall be admissible in evidence
to prove or disprove the identity of the charges.

PART VII.
OF APPEAL AND REVISION.

Cases in
which no
appeal lies.

When plea of
guilty limited
riirht of
appeal.

Appeal

against
acquittal.

Procedure for
appeal.

Petition of
appeal ; con-
tents.

Copy of
record and
petition to be
sent to Senior
Magistrate's
Court.

Chapter XXIX.
OF APPEALS TO THE SENIOR MAGISTRATE.

255. No appeal shall lie from a sentence of a Magistrate in the
case of any offence punishable with fine only not exceeding ^25.

256. When an accused person has pleaded guilty and been con-
victed by a Magistrate on such plea, there shall be no appeal except
as to the extent or legality of the sentence.

257. When an accused person has been acquitted by a Magistrate
there shall be no appeal except at the instance or with the sanction
in writing of the Public Prosecutor. The petition of appeal shall be
lodged within fourteen days from the date of the judgment.

258. Except in the cases referred to in Section 255 and the two
last preceding sections, any person who is dissatisfied with any
judgment, sentence, or order pronounced by any Magistrate in a
criminal case or matter to which he is a party may prefer an appeal
to the Senior Magistrate against such judgment, sentence, or order
for any error in law or in fact by lodging, within fourteen days from
the time of such judgment, sentence, or order being passed or made,
with the Chief Clerk of the Magistrate's Court at the Court-house
of which the trial was held a petition of appeal addressed to the
Senior Magistrate, and by paying at the same time the sum of $5 for
the cost of making a copy of the record for the use of the Senior
Magistrate, and by giving security for the sum of $75 for the costs
of the appeal or such less sum as such Magistrate's Court may direct.

Explanation. — The alleged excessive severity of a sentence shall, for the
purposes of this section, be deemed to be a matter of law.

259. Every petition of appeal shall be addressed to the Senior
Magistrate, and shall state shortly the substance of the judgment

^appealed against and the grounds of appeal, and shall be signed by
the appellant.

260. (i) When the appellant has complied with the provisions of
Section 258, the Court appealed from shall make and transmit to the
Senior Magistrate's Court a signed copy of the record of the pro-
ceedings in the case, together with the petition of appeal.

(ii) When an appeal is presented by the Public Prosecutor the
provisions of Section 258 as to the payment of the sum of $5 and the
giving of security shall not apply.

CRIMINAL PROCEDURE CODE. 287

(iii) On receiving the documents mentioned in sub-section (i) the
Senior Magistrate shall peruse the same, and if he considers that
there is no sulhcient ground for interfering he may reject the appeal
summarily, provided that no appeal shall be rejected summarily
unless the appellant or his Advocate has had a reasonable
opportunity of being heard in support of the same,

261. The Senior Magistrate may, on the application of any person Appeal
desirous of appealing who may be debarred from so doing upon aibwed^n
the ground of his not having observed some formality or some certain cases.
requirement of this Code, permit an appeal upon such terms and

with such directions to the Magistrate and to the parties as the
Senior Magistrate shall consider desirable, in order that substantial
justice may be done in the matter.

262. Except in the case of a sentence of whipping (the execution stay o£
of which shall be stayed pending appeal), no appeal shall operate as pending"
a stay of execution, but the Court below, or the Senior Magistrate, appeal.
may stay execution on anj^ judgment, order, conviction, or sentence
pending appeal, on such terms as to security for the payment

of any money or the performance or non-performance of any act or
the suffering of any punishment ordered by or in such judgment,
order, conviction, or sentence as to the Court below or to the Senior
Magistrate may seem reasonable.

263. (i) If the Senior Magistrate does not reject the appeal setting down
summarily he shall hand the documents mentioned in Section 260 i^^^'^*'®""
to the Registrar, who shall number the appeal and enter it on the list

of appeals to be heard and give notice to the parties that such appeal
has been so entered.

(ii) The appeal shall come on for hearing by the Senior Magistrate
in its order, without further notice to the parties concerned.

(iii) A list of appeals to be heard shall be kept suspended on the
doors of the Senior Magistrate's Court-house, and no appeal shall
come on for hearing until it has been on that list for at least six
consecutive days.

(iv) In any case the Senior Magistrate may, of his own motion or
on the application of a party concerned and with reasonable notice
to the parties, accelerate or postpone the hearing of an appeal.

264. (i) When the appeal comes on for hearing the appellant, if Procedure at
present, shall be first heard in support of the appeal, and then the ^"'"^'
respondent, if present, shall be heard against it.

(ii) If the appellant does not appear to support his appeal the
Court shall consider his appeal, and may make such order thereon as
it may think fit, provided that the Court may refuse to make any
such order on the case of an appellant who is out of the jurisdiction
except on such terms as it may think fit to impose.

265. (i) If at the hearing of the appeal the respondent is not Non-appear-
present and the Court is not satisfied that the notice of appeal was respondent.
duly served upon him, then the Court shall not make any order in

the matter of the appeal adverse to or to the prejudice of the

288

CRIMINAL PEOCEDURE CODE.

respondent, but shall adjourn the hearing of the appeal to a future
day for his appearance, and shall issue the requisite notice to him for
service through the Registrar.

(ii) If the service of such last mentioned notice cannot be effected
on the respondent the Court siiall proceed to hear the appeal in his
absence.

Arrest of
respondent in
certaiu cases.

Decision in
appeal.

Order to take

further

evidence.

Judgment.

Consequence
of judgment.

266. When an appeal is presented against an acquittal the Senior
Magistrate may issue a warrant directing that the accused be arrested
and brought before hira, and may commit him to prison pending the
disjiosal of the appeal or admit him to bail.

267. At the hearing of the appeal the Senior Magistrate may, if
he considers there is no sufficient ground for interfering, dismiss the
appeal, or may —

(a) In an appeal from an order of acquittal, reverse such
order, and direct that further enquiry be made, or that the accused
be re-tried or committed for trial, as the case may be, or find him
guilty and pass sentence on him according to law.

(b) In an appeal from a conviction (i) reverse the finding and
sentence and acquit or discharge the accused, or order him to be re-
tried by a Court of competent jurisdiction, or committed for trial ;
or, (ii), alter the finding, maintaining the sentence, or with or
without altering the finding reduce the sentence ; or, (iii), with or
without the reduction, and with or witliout altering the finding, alter
the nature of the sentence.

268. (i) In dealing with any appeal under this Chapter the Senior
Magistrate, if he thinks additional evidence to be necessary, may
either take such evidence himself or direct it to be taken by a
Magistrate.

(ii) When the additional evidence is taken by a Magistrate
he shall certify such evidence to the Senior Magistrate, who shall
thereupon, as soon as may be, proceed to dispose of the appeal.

(iii) Unless the Senior Magistrate otherwise directs, the accused
or his Advocate shall be present when the additional evidence is
taken.

(iv) The taking of evidence under this section shall, for the
l^urposes of Chapter XXIV, be deemed to be an enquiry.

269. On the termination of the hearing of the appeal the Senior
Magistrate shall, either at once or on some future day which shall
either then be appointed for the purpose or of which notice shall
subsequently be given to the parties, deliver judgment in open Court.

270. (i) Whenever a case is decided on appeal by the Senior
Magistrate under this Chapter he shall certify his judgment or order
to the Court by which the finding, sentence, or order appealed against
was recorded or passed.

CRIMINAL PROCEDURE CODE. 289

(ii) The Court to which the Senior Magistrate certifies his
judgment or order shall thereujion make such orders as are con-
formable to the judgment or order of the Senior Magistrate and, if
necessary, the record shall be amended in accordance therewith.

271. Every appeal under Section 257 shall finally abate on the Death d
death of the accused, and every other appeal under this Cha])ter ^*'^eai*
(except an appeal against a sentence of fine) shall finally abate on

the death of the appellant.

272. (i) Subject to the following sub-sections, in all proceedings costs.
under Part VII of this Code the Senior Magistrate shall have power

to award such costs, to be paid by or to the parties thereto, as he may
think fit.

(ii) Such costs shall not exceed the scale in force in the Judicial
Commissioner's Court for the time being, and shall be assessed by
the Senior Magistrate at the time when he gives his decision.

(iii) No costs shall in any case be awarded either against or in
favour of the Public Prosecutor.

Chapter XXX.
OF REVISION.

273. (i) The Senior Magistrate may call for and examine the Power to csu
record of any proceeding before any inferior Criminal Court for the inLdor ' '
purpose of satisfying himself as to the correctness, legality, or courts,
propriety of any finding, sentence, or order recorded or passed, and

as to the regularity of any proceedings of such inferior (5ourt.

(ii) Orders made under Sections 97 and 98, and proceedings under
Chapter XXXI, are not proceedings Avithin the meaning of this
section.

274. On examining anj^ record under the last preceding section, Power to
or otherwise, the Senior Magistrate may direct the Magistrate to eaqiury."^ ^
make, and the Magistrate shall make, further enquiry into any
complaint which has been dismissed under Section 134, or into

the case of any accused person who has been discharged.

275. (i) The Senior Magistrate may, in any case the record of l^°^^J^^°l„i^.
the proceedings of which has been called for by himself or which trateon
otherwise comes to his knowledge, in his discretion, exercise any ^6^'°°-

of the powers conferred by Sections 262, 266, 267, and 268 of this
Code, and may enhance the sentence.

(ii) No order under this section shall be made to the prejudice
of the accused unless he has had an opportunity of being heard,
either personally or by Advocate, in his own defence.

(iii) Nothing in this section shall be deemed to authorize the
Senior Magistrate to convert a finding of acquittal into one of
conviction.

276. No party has any right to be heard, either personally or by Permission
Advocate, before the Senior Magistrate when exercising his powers appear.
of revision : provided that the Senior Magistrate may, if he thinks

1—19

290

CRIMINAL PROCEDURE CODE.

Orders on
revision.

fit, when exercising such powers, hear any party, either personally
or by Advocate, and that nothing in this section shall be deemed
to affect Sub-section (ii) of the last preceding section.

277. When a case is revised under this Chapter by the Senior
Magistrate's Court he shall certify his decision or order to the Court
by which the finding, sentence, or order revised was recorded or
passed ; and the Court to which the decision or order is so certified
shall thereiipon make such orders as are conformable to the decision
so certified, and, if necessary, the record shall be amended in
accordance therewith.

PART VIII.
SPECIAL PROCEEDINGS.

Inquest of
deatli.

Duty of
Officer in
charge of a
Police
District.

Death of a
person in
custody of
police or in
any asylum.

Chapter XXXI.
ENQUIRIES OF DEATHS.

278. No inquest of death shall be held except under the provisions
of this Code.

279. (i) Every Officer in charge of a Police District on receiving
information that a person —

(a) Has committed suicide ; or

(b) Has been killed by another, or by an animal, or by machinery,
or by an accident ; or

(c) Has died under circumstances raising a reasonable suspicion
that some other person has committed an offence, shall immediately
proceed to the place where the body of such deceased person is
and there shall make an enquiry and draw up a report of the
apparent cause of death, describing such wounds, fractures, bruises,
and other marks of injury as may be found on the body, and such
marks, objects, and circumstances as, in his opinion, may relate to
the cause of death or the person (if any) who caused such death,
and stating in what manner or by what weapon or instrument (if
any) such marks appear to have been inflicted.

(ii) The report shall be signed by such police officer and shall be
forthwith forwarded to the Public Prosecutor and a copy thereof
to the nearest Magistrate, who shall, if not satisfied as to the cause
of death, hold an enquiry under this Chapter.

280. (i) When any person dies while in the custody of the police
or in an asylum or prison, the officer who had the custody of such
person or was in charge of such asylum or prison, as the case may
be, shall forthwith give intimation of such death to the nearest
Magistrate to the place where the body is found, and such Magistrate
shall, in the case of a death in the custody of the police, and in
other cases may, if he thinks expedient, hold an enquiry into the
cause of death.

CRIMINAL PROCEDURE CODE.

291

Kvidencc and
findint? to be
recorded.

(ii) For the purposes of an enquiry under this section a Magis-
trate shall have all the powers which he would have in holding an
enquiry into an ofFt^nce.

(iii) In the case of enquiries under this section the Magistrate
holding the enquiry shall view the body, and may summon to sit
with him as assessors two indifferent persons from the district in
which the death occurred, but it shall not be necessary for such
assessors to view the body.

281. (i) The Magistrate holding an enquiry prescribed under this
Chajiter shall record the evidence and his finding thereon, and shall
forthA\ith transmit the original or a certified copy of such evidence
and finding to the Senior Magistrate, who shall file the same in the
Registry of the Senior Magistrate's Court.

(ii) When there are assessors the finding shall be signed by the
assessors, or by such of them as concur therein, but an assessor
who dissents from the finding shall be at liberty to record on the
proceedings his dissent and the reasons therefor. In every case
where an assessor records his dissent the Magistrate shall forthwith
forward the proceedings to the Public Prosecutor.

(iii) The place in which any enquiry of death under this Chapter
is held shall be a place open to the public. But a Magistrate
conducting an enquiry of cleath may, on special grounds of public
policy or expediency, in his discretion, exclude the public or any
person or persons in particular at any stage of the enquiry from
the place in which the enquiry is being held.

282. When a Magistrate enquiring into the cause of death Disinterment
considers it expedient to make an examination of the dead body of °^ t)odies.
any person who has been already buried, in order to discover the

cause of death, he may cause the body to be disinterred and
examined.

283. When any person who has been duly summoned to attend Assessors
as an assessor by any Magistrate on an enquiry under this Chapter ^"^jJneTto
fails or neglects to attend at the time and place specified in such attend.
summons, it shall be lawful for such Magistrate to cause such
person to be openly called three times to appear and serve as an
assessor and, upon the non-appearance of such person and proof

that such summons has been served upon him or left at his usual
place of abode, to impose such fine upon the person so making
default, not exceeding $25, as to such Magistrate shall seem fit, Penalty for
and such Magistrate shall make out and sign a certificate containing d'^o'^so^ ^°
the name, surname, and residence of every person so making default
together with the amount of the fine which shall have been imposed
and the cause of such fine, and the Magistrate shall cause a copy
of such certificate to be served upon the person so fined by having
it left at his usual place of residence or by sending the same through
the Post Office addressed as aforesaid, and within seven days there-
after such Magistrate shall cause such fine to be levied.

292

CRIMINAL PROCEDURE CODE.

Procedure by
Magistrate's
Court where
accused is a
lunatic.

Procedure by
Judicial Com-
missioner's
or Senior
Magistrate's
Court when
accused is a
lunatic.

Eelease of
lunatic pend-
ing investiga-
tion or trial.

Eesumption
of enquiry or
trial.

Procedure on

accused

appearing.

Chapter XXXII.
LUNATICS.

284. (i) When a Magistrate holding an enquiry or a trial has
reason to suspect that the accused is of unsound mind and conse-
quently incapable of making his defence, he shall enquire into the
fact of such unsoundness and shall cause such person to be examined
by the District Surgeon or such other Medical Officer as tlie Resident
directs, and thereupon shall examine such Surgeon or other officer
as a witness and shall reduce the examination to writing.

(ii) If such Magistrate is of opinion that the accused is of unsound
mind and consequently incapable of making his defence, he shall
postpone further proceedings in the case.

285. (i) If any person tried by the Court of a Judicial Commis-
sioner appears to the Court at his trial to be of unsound mind and
consequently incapable of making his defence, the Court shall, in
the first instance, try the fact of such unsoundness and incapacity,
and if satisfied of the fact shall find accordingly, and thereupon
the trial shall be postponed.

(ii) The trial of the fact of the unsoundness of mind and incapacity
of the accused shall be deemed to be part of his trial before the
Court.

286. (i) Whenever an accused person is found to be of unsound
mind and incapable of making his defence, the Court, if the case
is one in which bail may be taken may, in its discretion, release
him on sufficient security being given that he shall be properly
taken care of and shall be prevented from doing injury to himself
or to any other person, and for his appearance when required before
the Court or such officer as the Court appoints in that behalf.

(ii) If the case is one in which bail may not be taken or if sufficient
security is not given the Court shall report the case to the Resident,
and the Resident may, in his discretion, order the accused to be
confined in a lunatic asylum or other suitable place of safe custody,
and the Court shall give effect to such order.

(iii) Pending the order of the Resident the accused may be
committed to the civil prison for safe custody.

287. (i) Whenever an enquiry or a trial is postponed under Section
284 or Section 285 the Court may at any time re-open the enquiry
or commence the trial de novo, and require the accused to appear
or be brought before such Court.

(ii) When the accused has been released under Section 286, and
the sureties for his appearance produce him to the officer whom
the Court appoints in that behalf, the certificate of such officer that
the accused is capable of making his defence shall be receivable in
evidence.

288. (i) If when the accused appears or is again brought before
the Court the Court considers him capable of making his defence
the enquiry or trial shall proceed.

CRIMINAL PROCEDURE CODE.

293

(ii) If the Court considers the accused person to be still incapable
of making his defence the Court shall again act according to the
provisions of Section 284 or Section 285, as the case may be.

289. When the accused appears to be of sound mind at the time when accused
of any enquiry before a Magistrate, and the Magistrate is satisfied uavrbeen
from the evidence given before him that there is reason to believe '"^ane.
that the accused committed an act which, if he had been of sound

mind, would have been an offence, and that he was at the time
when the act A\'as committed, by reason of unsoundness of mind,
incapable of knowing the nature of the act or that it was wrong
or contrary to law, the Magistrate shall proceed with the case and
if the accused ought otherwise to be committed for trial shall
send him for trial.

290. Whenever any person is acquitted upon the ground that at Judgment of
the time at which he is alleged to have committed an offence he ground^oi""*
Avas, by reason of unsoundness of mind, incapable of knowing the iuuacy.
nature of the act alleged as constituting the offence or that it was

wrong or contrary to law, the finding shall state specifically whether
he committed the act or not.

291. (i) Whenever the judgment states that the accused person safe custody
committed the act alleged, the Court before which the trial has been acquitted.
held shall, if such act would, but for incapacity found, have con-
stituted an offence, order such person to be kept in safe custody

in such place and manner as the Court thinks fit and shall report
the case for the orders of the Resident.

(ii) The Resident may order such person to be confined in a
lunatic asylum, prison, or other suitable place of safe custody during
the pleasure of the Ruler of the State.

292. When any person is confined under the provisions of Section visiting of
286 or Section 291, the Inspector of Prisons, if such person is
confined in a prison, or the visitors of the lunatic asylum or any two
of them if he is confined in a lunatic asylum, may visit him in
order to ascertain his state of mind, and he shall be visited once
at least in every six months by such Inspector or by two of such
visitors as aforesaid, and such Inspector or visitors shall make a
special report to the Resident as to the state of mind of such person.

293. If such person is confined under the provisions of Section Procedure
286, and such Inspector or visitors shall certify that in his or their prisonw"^'^"'
opinion such person is capable of making his defence he shall be T^^^^^g '**'^®
taken before the Court at such time as the Court appoints, and the defence.
Court shall deal with such person under the provisions of Section

288, and the certificate of such Inspector or visitors as aforesaid
shall be receivable as evidence.

294. If such person is confined under the provisions of Section Procedure
286 and such Inspector or visitors shall certify that in his or their «porteTfit'°
judgment he may be discharged without danger of his doing injury for discharge.
to himself or to any other person, the Resident may thereupon order

him to be discharged, or to be detained in custody, or to be trans-
ferred to a public lunatic asylum if he has not been already sent to
such an asylum, and in case he orders him to be transferred to an

lunatic
prisoners.

294

CRIMINAL PROCEDURE CODE.

Delivery of
lunatic to
care of
relative.

asylum may appoint a commission consisting of the Senior Magis-
trate and two Medical Officers to make formal enquiry into the state
of mind of such person, taking such evidence as is necessary, and
to report to the Resident, who may order his discharge or detention
as he thinks fit.

295. (i) VVlienever any relative or friend of any person confined
under tlie ])rovisions of Section 280 or Section 291 desires that he
shall be delivered over to his care and custody, the Resident, upon
the application of such relative or friend and on his giving security
to the satisfaction of the Resident that the person delivered shall
be properly taken care of and shall be prevented from doing injury
to himself or to any other person, may, in his discretion, order such
person to be delivered to such relative or friend.

(ii) Whenever such person is so delivered it shall be upon condi-
tion that he shall be produced for the inspection of such officer and
at such times as the Resident directs.

(iii) The provisions of Sections 292 and 294 shall, mvtatis mutandis,
apply to persons delivered under the provisions of this section, and
the certificate of the inspecting officer ajipointed under this section
shall be receivable as evidence.

Procedure as
to offences
committed in
Court, etc.

Inferior
Courts to
transmit pro-
ceedings to
Senior
Magistrate's
Court.

Alternative
procedure.

Chapter XXXIII.

PROCEEDINGS IN CASE OF CERTAIN OFFENCES
AFFECTING THE ADMINISTRATION OF JUSTICE.

296. When any such offence as is described in Section 175,
Section 178, Section 179, Section 180, or Section 228 of the Penal
Code is committed in the view or presence of any Civil or Criminal
Court other than the Supreme Court, the Court may cause the
offender to be detained in custody and at any time before the
rising of the Court on the same day may, if it thinks fit, take cogni-
zance of the offence and sentence the offender to a fine not exceeding
$50 and, in default of payment, to simple imprisonment for a term
which may extend to two months, unless such fine be sooner paid.

297. (i) In every such case the Court shall record the facts
constituting the offence, with the statement (if any) made by the
offender as well as the finding and sentence, and shall forthwith
transmit such record to the Senior Magistrate's Court so that the
Senior Magistrate may, if he thinks fit, exercise his power of revision.

(ii) If the offence is under Section 228 of the Penal Code the
record must shew the nature and stage of the judicial proceeding in
which the Court interrupted or insulted was sitting, and the nature
of the interruption or insult.

298. If the Court, in any case, considers that a person accused
of any of the offences referred to in Section 296, and committed
in its view or presence, may be better dealt with by ordinary process
of law, such Court, after recording the facts constituting the offence
and the statement of the accused as hereinbefore jjrovided, may
direct the accused to be prosecuted, and may require security to be

CRIMINAL PROCEDURE CODE. 295

given for the appearance of such accused person before a Magistrate
or, if sufficient security is not given, may forward such person,
under custody, to a Magistrate.

299. When any Court has, under Section 296, adjudged an offender powpf to

to punishment for refusing or omitting to do anything which he was mentV""**'"
lawfully required to do or for any intentional insult or interruption,
the Court may, in its discretion, discharge the offender or remit the
punishment on his submission to the order or requisition of such
Court or on apology being made to its satisfaction.

300. If any witness before a Criminal Court refuses to answer Refusal to
such questions as are put to him or to produce any document in his eive evidence,
possession or power which the Court requires him to produce, and

does not offer any reasonable excuse for such refusal, such Court may,
for reasons to be recorded in writing, sentence him to sim]:>le
imprisonment for any term not exceeding seven days, unless in the
meantime such person consents to be examined and to answer or
to produce the document. In the event of his persisting in his
refusal he may be dealt with according to the provisions of Section
296 or Section 298, notwithstanding any sentence he may have
undergone under this section.

301. (i) Any person sentenced by any lower Court under the last Appeal.
preceding section may, notwithstanding anything hereinbefore
contained, appeal to the Court of a Judicial Commissioner,

(ii) The provisions of Chapter XXIX shall, so far as they are
applicable, apply to appeals under this section, and the Appellate
Court may alter or reverse the finding or reduce, alter, or reverse the
sentence appealed against.

302. Except as provided in Sections 296 and 300 no Magistrate Magistrate
shall try any person for any offence referred to in Section 128 when certa?n*offencc3
such offence is committed before himself or in contempt of his committed
authority, or is brought under his notice as such Magistrate in the iiimseif.
course of a judicial proceeding.

Chapter XXXIV.
DIRECTIONS OF THE NATURE OF A HABEAS CORPUS.

303. (i) The Senior Magistrate may, whenever he thinks fit, PowMof

(]\rpot Senior Magi;-

"'^'^*^l' trateto

(a) That a person illegally or improperly detained in public or ordera!^
private custody within the limits of the State be set at
liberty ;

(h) That a defendant in custody under a writ of attachment be
brought before the Court to be dealt with according to law.

(ii) The Judicial Commissioner may make rules to regulate the
procedure in cases under this section.

(iii) Until such rules are made, and subject thereto, the rules
and forms in the fourth Schedule shall be in force.

296

CRIMINAL PROCEDURE CODE.

(iv) Any person aggrieved by any decision or direction of the
Senior Magistrate under this Chapter may appeal to the Court of
A]i])eal within thirty days from the date of the decision or direction
appealed against.

(v) Nothing in this Chapter contained shall apply to any person
detained in public custody under the provisions of any law in force
for the time being relating to banishment.

Provisions as
to Public
Prosecutor.

Crim. Pro.
Code Amend.
En. 1905.

PART IX.

SUPPLEMENTARY PROVISIONS.

Chapter XXXV.

OF THE PUBLIC PROSECUTOR.

304. (i) 21ie Legal Adviser, Federated Malay States, shall be the
Public Prosecutor, and shall, subject to the orders of the Resident-
General, have the control and direction of criminal prosecutions and
'proceediiigs under this Code.

(ii) The Resident-General may from, time to time appoint fit and
proper persons to be Deputy Public Prosecutors, who, under the general
control and direction of the Public Prosecutor, shall have arid may
exercise all the powers of the Public Prosecutor under this Code,
excepting only the poivers vested in the Public Prosecutor by Section
149b.

(iii) Every criminal proseci(tio7i before the Court of a Judicial
Commissioner and every criminal prosecution for a seizable offence
before any Court in the State and every enquiry before a Magistrate
shall, subject to the following sub-sections, be conducted —

(a) By the Public Prosecutor or a Deputy Piiblic Prosecutor ;

(6) By a police officer, not below the rank of Inspector, acting
on behalf of the Public Prosecutor ; provided that in any
place in which it may be impracticable, without an unreason-
able amount of delay or expense, that such prosecutions or
enquiries should be conducted by such a police officer it
shall be lawful for the Resident from time to time by notifi-
cation in the Gazette to direct that such prosecutions shall,
in the absence of such a police officer, be conducted in such
place by such other police officer as inay be named in the
notificatio7i ; or

(c) By an advocate employed by the complainant and expressly
authorized in writing by the Public Prosecutor, or by a
Deputy Public Prosecutor acting under the general control
and direction of the Public Prosecidor, to conduct such
prosecution or enquiry.

(iv) No person, except as hereinafter provided, shall appear on
behalf of the Public Prosecutor on any criminal appeal, other than
the Public Prosecutor or a Deputy Public Prosecutor or a police officer,
7iot below the rank of Inspector, acting on behalf of the Public
Prosecutor,

CRIMINAL PROCEDURE CODE. 297

(v) With the permission in writing of the Pvhlic Prosecutor or
of a Deputy Public Prosecutor acting under the general control and
direction of the Public Prosecutor, an advocate may be employed on '
befialf of the Government to conduct any criminal prosecution or
enquiry, or to appear on any criminal appeal on behalf of the Public
Prosecutor. Such advocate shall be paid out of the public funds
such remuneration as may be sanctioned by the Resident ; and while
conducting such prosecution or enquiry, or appearing on such criminal
appeal, shall be deemed to be a " public servant " ivithin the meaning
of the Penal Code.

(vi) Nothing in this section shall be held to preclude any public
officer from prosecuting in any Cotirt in any case or class of cases in
which he is by any Enactment authorized to prosecute in such Court,
or to preclude private persons or any officer of any Government De-
partment, Railivay or Sanitary Board from appearing in person,
or by advocate, to prosecute in summary non-seizable cases in any Court
inferior to the Court of the Senior Magistrate.

Chapter XXXVI.
OF BAIL.

305. When any person, other than a person accused of a non- when person
bailable offence, is arrested or detained without warrant by an released on
Officer in charge of a Police District or appears or is brought before bail.

a Court and is prepared at any time while in the custody of such
officer or at any stage of the proceedings before such Court to give
bail, such person shall be released on bail : provided that such
officer or Court, if he or it thinks fit, may, instead of taking bail
from such person, discharge him on his executing a bond without
sureties for his appearance as hereinafter provided.

306. (i) When any person accused of any non-bailable offence is when person
arrested or detained without warrant by an Officer in charge of a baTabit offence
Police District or appears or is brought before a Court, he may be may be released
released on bail, but he shall not be so released by a police officer if

there appear reasonable grounds for believing that he has been guilty
of the offence of which he is accused,

(ii) If it appears to such officer or Court at any stage of the
investigation, enquiry, or trial, as the case may be, that there are
not reasonable grounds for believing that the accused has com-
mitted such offence but that there are sufficient grounds for further
enquiry into his guilt, the accused shall, pending such enquir3^ be
released on bail ; or, at the discretion of such officer or Court, on
the execution by him of a bond without sureties for his appearance
as hereinafter provided.

(iii) Any Court may, at any subsequent stage of any proceeding
under this Code, cause any person who has been released under this
section to be arrested, and may commit him to custody.

307. The amount of every bond executed under this Chapter Amount of

shall be fixed with due regard to the circumstances of the case aa

bond.

298

CRIMINAL PROCEDURE CODE.

liond to be
executed.

Person to be
released
when bond
executed.

When war-
rant of arrest
may be issued
against
person bailed.

Sureties may
apply to
have bond
discharged.

Procedure

subsequent

thereto.

being sufficient to secure the attendance of the person arrested, but
shall not be excessive ; and the Senior Magistrate may, in any case,
whether there be an appeal on conviction or not, direct that any
person be admitted to bail or that the bail required by a police
officer or Court be reduced or increased.

308. (i) Before any person is released on bail, or released on his
own bond, a bond for such sum of money as the police officer or
Court, as the case may be, thinks sufficient shall be executed by
such person, and when he is released on bail by one or more sufficient
sureties, conditioned that such person shall attend at the. time and
place mentioned in the bond, and shall continue so to attend until
otherwise directed by the police officer or Court, as the case may be.

(ii) If the case so require the bond shall also bind the person
released on bail to appear when called upon at the Senior Magis-
trate's Court, or other Court, to answer the charge.

309. (i) As soon as the bond has been executed the person for
whose appearance it has been executed shall be released and when
he is in prison the Court admitting him to bail shall issue an order
of release to the officer in charge of the prison, and such officer, on
receipt of the order, shall release him.

(ii) Nothing in this Section, Section 305, or Section 306 shall be
deemed to require the release of any person liable to be detained for
some matter other than that in respect of which the bond was
executed.

310. If, through mistake, fraud, or otherwise, insufficient sureties
have been accepted, or if they afterwards become insufficient, the
Court admitting him to bail may issue a warrant of arrest directing
that the person released on bail be brought before it, and may
order him to find sufficient sureties, and on his failing so to do may
commit him to prison.

311. (i) All or any sureties for the attendance and appearance of
a person released on bail may at any time apply to a Magistrate
to discharge the bond either wholly or so far as relates to the
applicants.

(ii) On such application being made the Magistrate shall issue his
warrant of arrest directing that the person so released be brought
before him.

(iii) On the appearance of such person pursuant to the warrant,
or on his voluntary surrender, the Magistrate shall direct the bond
to be discharged, either wholly or so far as relates to the applicants,
and shall call upon such person to find other sufficient sureties, and
if he fails to do so may commit him to custody.

(iv) A surety ma}'' at any time arrest the person for whose attend-
ance and appearance he is a surety and forthwith bring him before
a Magistrate, who shall thereupon discharge such surety's bond and
shall call upon such person to find other sufficient surety, and if he
fails to do so shall commit him to custody.

312. Any person aggrieved by any order or refusal of any inferior
Court made under this Chapter may appeal to the Senior Magistrate,
who may confirm, vary, or reverse the order of such inferior Court,

CRIMINAL PROCEDURE CODE. 299

Chapter XXXVII.
SPECIAL PROVISIONS RELATING TO EVIDENCE.

313. (i) Whenever it shall appear to a Magistrate that any person Prooedure
able to give material evidence, either for the prosecution or defence, abieTo''ld7e""
touching a seizable offence is so dangerously ill that it is not m^^teriai
practicable to take his evidence according to the usual course of law, aangerousiy
the said Magistrate may take the deposition of such person, first '"'
giving the prosecutor and the accused such reasonable notice as the

case admits of of his intention to take it and of the time and place
at which he intends to take it.

(ii) If the accused be in custody a Magistrate may order the officer
in charge of the prison to convey him to the place, at the time
notified, and the said officer shall convey him accordingly.

(iii) When it is proved at the trial of the said accused for any
offence to which such deposition relates that the deponent is dead or
that for any sufficient cause his attendance cannot be procured, the
deposition may be read either for or against the accused, notwith-
standing his absence when the same was taken, if it be certified under
the hand of the Magistrate who took it and the contrary be not
proved or if it be shewn by extrinsic evidence that the deponent
was at the time of his examination dangerously ill as aforesaid and
that the said deposition was duly taken at the place and time
notified and that reasonable notice of the intention to take it was
given to the person against whom it is tendered in evidence, so that
he or his Advocate might have been present and might have had,
if he had chosen to be present, full opportunity of cross-examination.

314. The examination of a witness taken under the provisions of Examination
this Code by a Court in the presence of the accused person may be may be put in
given in evidence on the trial of such person in the Court of a before^hi^her
Judicial Commissioner if the witness be dead or the Court be court.
satisfied that for any sufficient cause his attendance cannot be
procured.

315. Whenever it is proved to the satisfaction of a Magistrate where person
that any witness bound or about to be bound by recognizance to evid'encem-^
give evidence upon the trial of any seizable offence intends to leave j^"''«w ''^^^^
the State and that the ends of justice would be probably defeated

if such person were not present at the trial to give evidence, he may,
upon the application of the Public Prosecutor or accused and upon
due provision being made for his maintenance and for compensating
him for his detention and loss of time, commit such person to the
civil prison until the trial or until he shall give satisfactory security
that he Avill give evidence at the trial.

316. In any enquiry, trial, or other proceeding under this Code kow previous
a previous conviction or acquittal may be proved in addition to any acqulttl'i may
other mode provided by any law for the time being in force — be proved.

(o) By an extract certified under the hand of the officer having
the custody of the records of the Court in which such conviction or
acquittal was had to be a copy of the sentence or order ; or

300

CRIMINAL PROCEDURE CODE.

Record of
evidence in
absence of
accused.

(b) In case of a conviction cither by a certificate signed by the
officer in charge of the ])rison in wliich the punishment or any part
thereof was inflicted, or by })roduction of the warrant of commitment
under which the punishment was suffered ;

together with, in each of such cases, evidence as to the identity of
the accused person with the person so convicted or acquitted.

317. If it be proved that an accused person has absented himself
so that there is no immediate prospect of arresting him, the Court
competent to try or commit for trial such person for the offence
complained of may, in his absence, examine the witnesses (if any)
produced on behalf of the prosecution and record their depositions.
Any such deposition may, on the arrest of such person, be given in
evidence against him on the enquiry into or trial for the offence with
which he is charged, if the deponent is dead or incapable of giving
evidence or his attendance cannot be procured without an amount
of delay, expense, or inconvenience which under the circumstances of
the case would be unreasonable.

Deposit
Instead of
recogniiance.

Procedure on
forfeiture of
bond.

Chapter XXXVIII.
PROVISIONS AS TO BONDS.

318. When any person is required by any Court or officer to
execute a bond, with or without sureties, such Court or officer may,
except in the case of a bond for good behaviour, permit him to
deposit a sum of money to such amount as the Court may fix, in
lieu of executing such bond.

319. (i) Whenever it is proved to the satisfaction of the Court
by which a bond under this Code has been taken —

Or when the bond is for appearance before a Court, whenever
it is proved to the satisfaction of such Court —

That such bond has been forfeited, the Court shall record the
grounds of such proof and may call upon any person bound by such
bond to pay the penalty thereof or to shew cause why it should
not be paid.

(ii) If sufficient cause is not shewn and the penalty is not paid,
the Court may proceed to recover the same by issuing a warrant
for the attachment and sale of the property belonging to such
person.

(iii) Such warrant may be executed within the local limits of
the jurisdiction of the Court which issued it, and it shall authorize
the distress and sale of any property belonging to such person
without such limits when indorsed by a Magistrate within the local
limits of Avhose jurisdiction such property is found.

(iv) If such penalty be not paid, and cannot be recovered by
such attachment and sale, the person so bound shall be liable, by
order of the Court which issued the warrant, to imprisonment
in the civil prison for a term which may extend to six months.

(v) The Court may, at its discretion, remit any portion of the
penalty mentioned, and enforce payment in part only.

CRIMINAL PROCEDURE CODE. 301

(vi) Nothing in this section shall be deemed to prevent the
penalty, or any portion thereof, of any bond under this Code being
recovered under the provisions of the law of Civil Procedure in
force for the time being.

320. All orders made under the last preceding section by any Appeal from
Magistrate shall be appealable to the Senior Magistrate's Court. °'"^^^-
. 321. The Senior Magistrate may direct any Magistrate to levy the Power to di-
amount due on a bond to appear and attend before the Senior TmoinYd'Je
Magistrate. on bond.

Chapter XXXIX.

OF THE DISPOSAL OF PROPERTY THE SUBJECT
OF OFFENCES.

322. (i) When an enquiry or a trial in any Criminal Court is order for dia-
concluded the Court may make such order as it thinks fit for the perty re|a?d'-
disposal of any document or other property produced before it '"^ ""^^^^
regarding which any offence appears to have been committed or mitt'e'd.^"'^'
which has been iised for the commission of any offence.

(ii) When the Judicial Commissioner makes such order, and
cannot through his own officers conveniently deliver the property
to the person entitled thereto, he may direct that the order be
carried into effect by a Magistrate.

(iii) When an order is made under this section in a case in which
an appeal lies, such order shall not (except when the property is
live-stock or is subject to speedy and natural decay) be carried
out until the period allowed for presenting such appeal has passed ;
or when such appeal is presented within such period, until such
appeal has been disposed of.

(iv) In this section the term " property " includes, in the case of
property regarding which an offence appears to have been com-
mitted, not only such property as has been originally in the possession
or under the control of any party but also any property into or
for which the same may have been converted or exchanged, and
anything acquired by such conversion or exchange, whether im-
mediately or otherwise.

323. In lieu of himself making an order under the last preceding Direction in
section the Judicial Commissioner may direct the property to be ''®" °' °'"'^^'"'
delivered to a Magistrate, who shall, in such cases, deal with it

as if it had been seized by the police and the seizure had been reported
to him in the manner hereinafter mentioned.

324. When any person is convicted of any offence which includes Payment to
or amounts to theft or receiving stolen property and it is proved p"eraon°o*f
that any other person has bought the stolen property from him money found
without knowing or having reason to believe that the same was stolen "^ "''°"^^-
and that any money has, on his arrest, been taken out of the pos-
session of the convicted person, the Court may, on the application

of such purchaser and on the restitution of the stolen property
to the person entitled to the possession thereof, order that out of
such money a sum not exceeding the price paid by such purchaser
be delivered to him.

302

CRIMINAL PROCEDURE CODE.

stay of orJer.

Destruction
of libellous
luul other
matter.

Restoration
of possession
of immov-
able property.

Procedure by
police on
seizure of
property.

Procedure
w here no
claim estab-
lished.

Procedure
where owner
unknown.

325. The Senior Magistrate may direct any order under Section
322, Section 323, or Section 324 made by a Court subordinate to
him to be stayed ])ending consideration by him, and may modify,
alter, or annul such order.

326. (i) On a conviction under Section 292, Section 293, Section
501, or Section 502 of the Penal ("ode the Court may order the
destruction of all the copies of the thing in respect of which the
conviction was had and Avhich are in the custody of the Court or
remain in the possession or power of the person convicted.

(ii) The Court may in like manner, on a conviction under Section
272, Section 273, Section 274, or Section 275 of the Penal Code,
order the food, drink, drug, or medical preparation in respect of
which the conviction was had to be destroyed.

327. (i) Whenever a person is convicted of an offence attended
by criminal force and it appears to the Court that by such force
any person has been dispossessed of any immovable proj^erty, the
Court may, if it thinks fit, order such person to be restored to the
possession of the same.

(ii) No such ordeir shall prejudice any right or interest to or in
such immovable property whicli any person may be able to establish
in a civil suit.

328. (i) The seizure by any police officer of property taken under
Section 18 or alleged or susj^ected to have been stolen or found
under circumstances which create suspicion of the commission of
any offence shall be forthwith reported to a Magistrate, who shall
make such order as he thinks fit respecting the delivery of such
property to the person entitled to the possession thereof, or, if
such person cannot be ascertained, respecting the custody and
production of such property.

(ii) If the person so entitled is known the Magistrate may order
the property to be delivered to him on such conditions (if any)
as the Magistrate thinks fit. If such person is unknown the Magis-
trate may detain it, and shall in such case issue a public notification
specifying the articles of which such property consists and requiring
any person who may have a claim thereto to appear before him
and establish his claim within six months from the date of such
public notification.

(iii) Such notification shall be published in the Gazette if the value
of the property amount to $50.

329. (i) If no person within such period establishes his claim to
such property, and if the person in whose possession such property
was found is unable to shew that it was legally acquired by him,
such property shall be at the disposal of the Government and may
be sold under the order of a Magistrate.

(ii) In the case of an order made under this section an appeal
shall lie to the Senior Magistrate.

330. If the person entitled to the possession of such property is
unknown or absent and the property is subject to speedy and natural
decay, or the Magistrate to whom its seizure is reported is of opinion

CRIMINAL PROCEDURE CODE. 303

that its sale would be for the benefit of the owner, the Magistrate
may at any time direct it to be sold, and the provisions of the
two last preceding sections shall, as nearly as may be practicable,
apply to the nett proceeds of such sale.

Chapter XL.
OF THE TRANSFER OF CRIMINAL CASES.

331. (i) Whenever it is made to appear to the Senior Magistrate — senior .Magis-

trate's Dower

(a) That a fair and impartial enquiry or trial cannot be had in to transfer

any Criminal Court subordinate to him ; or '^^'^'

(b) That some question of law of unusual difficulty is likely to
arise ; or

(c) That a view of the place in or near which any offence has
been committed may be required for the satisfactory enquiry into
or trial of the same ; or

(d) That an order under this section will tend to the general
convenience of the parties or witnesses ; or

(e) That such an order is expedient for the ends of justice, or
is required by any provision of this Code,

he may order — -

That any offence be enquired into or tried by any Court not
empowered under Sections 120 to 125 (both inclusive) but in other
respects competent to enquire into or try such offence ; or

That any particular criminal case be transferred to and tried
before himself ; or

That a person committed for trial in one place be tried in another
place.

(ii) Every application for the exercise of the power conferred by
this section shall be made by motion which shall, except when the
applicant is the Public Prosecutor, be supported by affidavit.

(iii) When an accused person makes an application under this
section the Senior Magistrate may, if he thinks fit, direct him to
execute a bond, with or without sureties, conditioned that he Avill,
if convicted, pay the expenses of the prosecution.

(iv) Every accused person making any such application shall
give to the Public Prosecutor notice in writing of the application,
together Avith a copy of the grounds on which it is made, and no
order shall be made on the merits of the application unless at least
twenty-four hours have elapsed between the giving of such notice
and the hearing of the application.

Chapter XLL
OF IRREGULARITIES IN PROCEEDINGS.

332. No finding, sentence, or order of any Criminal Court shall Proceedings
be set aside merely on the ground that the enquiry, trial, or other piac™^"
proceedings in the course of which it was arrived at, passed, or
made took place in a wrong local area or before a wrong Magistrate

vrong
, etc.

304

CRIMINAL PROCEDtTRE CODE.

Procedure
when confes-
uioii IrrfiRU-
larly taken.

Omission to
frame charge.

Irregularities
not to vitiate
proceedings.

Unlawful
distress
irregularity-
no trespass.

or Court, unless it appears that such error occasioned a failure of
justice.

333. If any Court before which a confession or otlier statement
of an accused person recorded undcT Section 115 is tendered in
evidence finds that the provisions of such section have not been fully
complied with by the Magistrate recording the statement, it shall
take evidence that sucli ]K>rs()n duly made tlie statement recorded ;
and if it is satisfied of the samc> such statement shall be admitted
if the error has not injured the accused as to his defence on the
merits.

334. (i) No finding or sentence pronounced or passed shall be
deemed invalid merely on the ground that no charge was framed
unless, in the opinion of the Court of Appeal or Revision, a failure
of justice has been occasioned thereby.

(ii) If the Court of Appeal or Revision thinks that a failure of
justice has been occasioned by an omission to frame a charge, it
shall order that a new trial shall be had.

335. Subject to the provisions hereinbefore contained no finding,
sentence, or order passed or made by a Court of competent juris-
diction shall be reversed or altered on account —

Of any error, omission, or irregularity in the complaint, summons,
warrant, charge, judgment, or other proceedings before or during
trial, or in any enquiry or other proceeding under this Code ; or

Of the want of any sanction required by Section 128 ; or

Of the omission to settle or revise any list of assessors ; or

Of the want of qualification of any assessor ; or

Of the improper admission or rejection of any evidence ; or

Of any misdirection in any charge to assessors ;

unless such error, omission, improper admission or rejection of
evidence, irregularity, want, or misdirection has occasioned a failure
of justice.

336. No distress made under this Code shall be deemed unlawful,
nor shall any person making the same be deemed a trespasser on
account of any defect or want of form in the summons, conviction,
writ of distress, or other proceedings relating thereto, nor shall
such party be deemed a trespasser, ah initio, on account of any
irregularity afterwards committed by him, but all persons aggrieved
by such irregularity may recover full satisfaction for the special
damage caused thereby in any Court of competent jurisdiction.

Affidavits,
before whom
■worn.

Chapter XLII.

MISCELLANEOUS. *

337. Subject to general rules any affidavit may be used in a
Criminal Court if it is sworn —

(a) In the Federated Malay States, before any Magistrate ;

(6) In England, before any person authorized to administer

CRIMINAL PROCEDURE CODE.

305

baths in the High Court of Justice or before any Magistrate or
Justice of the Peace ;

(d) In the Straits Settlements, before any Magistrate or any
person authorized to administer oaths in the Supreme Court ;

(e) In any other place, before a Magistrate or Justice of the
Peace or other person qualified to administer oaths in that place
(he being certified to be a Magistrate or Justice of the Peace or
qualified as aforesaid by a British Minister or British Consul, or
by a Notary Public).

338. Any Court may at any stage of any enquiry, trial, or other Power of
proceeding under this Code summon any person as a witness, or sun„non
examine any person in attendance though not summoned as a ana examine
"witness, or recall and re-examine any person already examined,

and the Court shall summon and examine or recall and re-examine
any such person if his evidence appears to it essential to the just
decision of the case.

339. (i) Any Criminal Court desirous of examining as a witness. Bringing up
or as an accused person in any case pending before it, any person prfg^on bSore
confined in any prison within the local limits of its jurisdiction, court, power

. to orciGr.

may issue an order to the officer in charge of the said prison re-
quiring him to bring such prisoner, in j^roper custody, at a time
to be therein named, to such Court for examination.

(ii) The officer so in charge, on receipt of such order, shall act
in accordance therewith, and shall provide for the safe custody of
the prisoner during his absence from the prison for the purpose
aforesaid.

340. When the services of an interpreter are required by any interpreter's
Criminal Court for the interpretation of any evidence or statement, '^^^^'

he shall be bound to state the true interpretation of such evidence
or statement.

341. (i) The Court before which a person is convicted of any order for
crime or offence may, in its discretion, make either or both of the ^o^t^o"*^""
following orders against him in addition to any other punishment, prosecution

, ° ° v- J- j^jjj compea-

namely : — sation.

(a) An order for the payment by him of the costs of his prose-
cution or such part thereof as the Court directs.

(6) An order for the payment by him of a sum to be fixed by
the Court by way of compensation to any person, or to the repre-
sentatives of any person, injured in respect of his person, character,
or property by the crime or offence for which the sentence is passed.

(ii) The Court shall specify the person to whom any sum in respect
of costs or compensation as aforesaid is to be paid, and payment
thereof may be enforced in the same manner as if the amount
thereof were a fine, or in such other manner as the law for the time
being directs.

(iii) The Court may direct that an order for payment of costs,
or an order for payment of compensation, shall have priority and,

1—20

306

CRIMINAL PROCEDURE CODE.

Recovery of
money payable
under order.

Copies of
proceedings.

Police
Officer's
powers in

district.

Person
released on
bail to give
address for
Bervice.

Power to
compel
restoration
of abducted
persons.

Perms.

Magistrates
not to act
where
interested.

Public servants
not to bid at
sales under this
Code.

When
receivers,
etc., charged,
evidence of
other cases
allowed.

if no direction be given, an order for payment of costs shall have
priority over an order for payment of compensation.

(iv) To the extent of an amount which has been paid to a person
or to the representatives of a person under an order for comj)ensation,
any claim of such person or representatives for damages sustained
by reason of the crime or offence shall be deemed to have been satis-
fied, but the order for payment shall not prejudice any right to a
civil remedy for the recovery of any property or for the recovery of
damages beyond the amount of compensation paid under the order.

342. Any money (other than a fine) payable by virtue of any order
made under this Code shall be recoverable as if it were a fine.

343. If any person affected by a judgment or order passed or made
by a Criminal Court desires to have a copy of any order or deposition
or other part of the record, he shall, on applying for such coj^y, be
furnished therewith by the Court : provided that he pay for the same
such reasonable sum, not exceeding 10 cents for a folio of one hundred
words, as the Court may direct unless the Court for some special
reason thinks fit to furnish it free of cost.

344. Police Officers superior in rank to an Officer in charge of a
Police District may exercise the same powers throughout the local
area to which they are appointed as may be exercised by such officer
within the limits of his district.

345. When any person is released on bail, or on his own bond, he
shall give to the Court or officer taking such bail or bond an address
at which service upon him of all notices and process may be made,
and in any case where such person cannot be found, or for other
reasons such service on him cannot be effected, any notice or process
left for such person at such address shall be deemed to have been
duly served upon him.

346. Upon eomf)laint made to a Magistrate on oath of the
abduction or unlawful detention of a woman or of a female child
under the age of fourteen years for any unlawful purpose within the
local limits of his jurisdiction, he may make an order for the im-
mediate restoration of such woman to her liberty, or of such female
child to her husband, parent, guardian, or other person having the
lawful charge of such child, and may compel compliance with such
order, using such force as may be necessary.

347. The forms set forth in the third Schedule, with such variation
as the circumstances of each case require, may be used for the
respective purposes therein mentioned.

348. No Magistrate shall, except with the permission in writing of
the Judicial Commissioner, try or commit for trial any case to or in
which he is a party or personally interested, and no Judge or Magis-
trate shall hear an appeal from any judgment or order passed or made
by himself.

349. A public servant having any duty to perform in connection
with the sale of any property under this Code shall not purchase or
bid for the property.

350. Where proceedings are taken against any person for having
received goods knowing them to be stolen or for having in his
possession stolen property, evidence may be given at any stage of the

CRIMINAL PROCEDURE CODE.

307

proceedings that there was found in tlie possession of such person
other property stolen within the preceding period of twelve months,
and such evidence may be taken into consideration for the purpose
of proving that such person knew the property to be stolen which
forms the subject of the proceeding taken against him.

351. Where proceedings are taken against any person for having when
received goods knowing them to be stolen or for having in his prOT^ous"^
possession stolen property and evidence has been given that the conviction
stolen property has been found in his possession, then if such person ^^^ ^'^'^' '
has, within five years immediately preceding, been convicted of any

offence involving fraud or dishonesty, evidence of such previous
conviction may be given at any stage of the proceedings and may be
taken into consideration for the purpose of proving that the person
accused knew the property Avhich was proved to be in his possession
to have been stolen : provided that not less than seven days' notice
in writing shall have been given to the person accused that proof is
intended to be given of such previous conviction, and it shall not be
necessary for the purposes of this section to enter in the charge the
previous conviction of the person so accused.

Temporary Provision.

352. The provisions of this Code shall apply so far as may be to Application ot
all cases pending in any Criminal Court when this Code comes into t'l'sCode.
force.

THE FIRST SCHEDULE.
ENACTMENTS REPEALED.

Number or date.

Short title.

Extent of
repeal.

Perak :

O.inC. 8of 1894 ..

The Absconding Witnesses

0. in C, 1894 . .

The whole

E. 6 of 1900

Criminal Procedure Code,

1900

))

Selangor :

E. 4 of 1900

Criminal Procedure Code,
1900

E. XI of 1900

Criminal Procedure Code,
1900, Amendment En-

actment, 1900 . .

Negri Sembilan :

0. in C. 3 of 1896 . .

The Absconding Witnesses

O.inC, 1896 ..

E. 8 of 1900 ..

Criminal Procedure Code,

1900

Pahang :

E. 9 of 1900 . .

Criminal Procedure Code,

1900

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CRIMINAL PROCEDURE CODE. 393

THE THIRD SCHEDULE -FORMS.
Crim. Proc. Code.

I. — Summons to an Accused Person.
To of

Whereas your attendance is necessary to answer to a charge of

you are hereby required to
appear on the day of , at the hour of

forenoon in person \or by Advocate, as the case
may 6e] before the Magistrate's Court at

Dated this day of , 190 .

{Seal.) Magistrate.

Crim. Proc. Code.

II. — Warrant of Arrest.

To the Assistant Commissioner of Police, and all other Police Officers.

Whereas of stands charged with

the offence of you are directed to

arrest the said and to produce him before the Magistrate's
Court at

Dated this day of , 190 .

{Seal.) Magistrate.

• This Warrant may he indorsed as follows : —

If the said shall give bail himself in the sum of

dollars, with one surety in the sum of dollars

{or two sureties each in the sum of dollars) to attend

before the Court on the day of and to

continue so to attend until otherwise directed by me, he may be
released.

Dated this day of , 190 .

{Seal.) Magistrate.

Crim. Proc. Code.

III. — Bond and Bail-Bond after Arrest under a Warrant.

• I, , of , being brought

before the Magistrate's Court at under a

warrant issued to comjiel my appearance to answer to a charge of

, do hereby bind myself to

attend in the Magistrate's Court at on the

day of next, to answer to the said

charge, and to continue so to attend until otherwise directed by the

394 CRIMINAL PROCEDURE CODE.

Court : and, in easi> of my making default licrtin, 1 bind myself to
forft>it to His Highness the Sultan the sura of dollars.

Dated this day of , 190 .

Sifptdinre.
I [or \ve| do hen'l)y deelare myself \nr oiirselvesi surety [or
sureties] for the abov^e-named of , that he shall

attend before the Magistrate's Court at

on the day of next, to answer to the

charge on which he has been arrested, and sliall continue so to
attend imtil otiuTwise directed by the Court ; and, in case of his
making default therein, I [or we] hereby ))ind myself [or ourselves,
jointly and severally] to forfeit to His Highness the Sultan the
sum of dollars.

Dated this day of , 190.

Signature.

Crim. Proc. Code.

IV. — Proclamation Requiring the Appearance of a
Person Accused.

Whereas complaint has been made before me that

of has committed [or is suspected to have

committed] the offence of punishable under

Section of the Penal Code, and it has been returned to a

warrant of arrest thereupon issued that the said
cannot be found ; And Whereas it has been shewn to my satis-
faction that the said has absconded [or is concealing
himself to avoid the service of the said warrant, as the case may he~\ :

Proclamation is Hereby made that the said
of is required to appear before the Magistrate's Court at

to ansA\'er the said complaint within
days from this date.

Dated this day of , 190 .

(Seal.) Magistrate.

Crim. Proc. Code.

V. — Proclamation Requiring the Attendance of
Witness.

Whereas complaint has been made before me that

of has committed [or is suspected to have

committed] the offence of and a

warrant has been issued to compel the attendance of

of before the Magistrate's Court at

to be examined touching the

matter of the said complaint ; And Whereas it has been returned

to the said w^arrant that the said

cannot be served, and it has been shewn to my satisfaction that he

C:!RTMINAL PROCEDURE CODE. 395

has absconded [or is concealing himself to avoid the service of the
said warrant]

Proclamation is Hereby made that the said
is required to appear before the Magistrate's Court at
on the day of next at

o'clock, to be examined touching the offence complained of.

Dated this day of , 190 .

(Seal. ) Magistrate .

Crim. Proc. Code.

VI. — Order of Attachment to Compel the Attendance of

A Witness.

To the. Police Officer in charge of the Police District of

Whereas a warrant has been duly issued to compel the attendance
of of to testify concerning a complaint

pending before this Court, and it has been returned to the said
warrant that it cannot be served ; And Whereas it has been sheA^Ti
to the satisfaction of the Court that he has absconded [or is con-
cealing himself to avoid the service of the said warrant] ; and
thereupon a Proclamation was duly issued and published requiring
the said to appear and give

evidence at the time and place mentioned therein, and he has failed
to appear :

This is to Authorize and require you to attach by seizure the
movable property belonging to the said to the value

of dollars which you may find within the State

and to hold the said property under attachment
pending the further order of this Court, and to return this warrant
with an indorsement certifying the manner of its execution.

Dated this day of , 190 .

(Seal.) Magistrate.

Crim. Proc. Code.

VII.^-Warrant in the First Instance to Bring up a Witness.

To the Assistant Commissioner of Police and all other Police Officers.

Whereas complaint has been made before me that

of has [or is suspected to have] committed

the offence of and it appears likely that

of can give evidence concerning the said

complaint ; And Whereas the Court has good and sufficient reason
to believe that he will not attend as a witness on the hearing of
the said complaint unless compelled to do so :

This is to Authorize and require you to arrest the said
of and on the day of to bring

him before the Magistrate's Court at to be examined

touching the offence complained of.

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

39G CRIMINAL PROCEDURE CODE.

Crim. Proc. Codk,

VIII. — Warrant to Searcii attkr Information of a
Particular Offence.

To the Assistant Commissioner of Poliee and other Police Officers
(to be (losignatc'd by nain(>.)

Whereas information has been laid [or com[)laint has been made]
before me of the commission [or suspected commission] of the
ofTence of and it has been made to appear

to me that the ])r()(hiction of tlie articles specified in the schedule
below is essential to the enquiry now being made [or about to be
made] into the said offence [or suspected offence] :

This is to Authorize and require you within the space of

days from the date hereof to search for tht; said
articles specified in the schedule below in the (describe the house or
place, or part thereof, to trhich the search is to be confined), and, if
found, to produce the same forthwith before the Magistrate's
Court ; returning this warrant, with an indorsement certifying
what you have done under it, immediately upon its execution.

Given under my hand and the seal of the Court, this
day of , 190 .

(Seal.) Magistrate.

Crim. Proc. Code.

IX. — Warrant to Search Suspected Place of Deposit.

To of

Whereas information has been laid before me, and on due
enquiry thereupon had I have been led to believe that the (describe
the house or other place) is used as a place for the deposit [or sale]
of stolen property [or if for either of the other purposes expressed in
the section, state the purpose in the words of the section] :

This is to Authorize and require you within the space of

days from the date hereof to enter the said house
[or other place] with such assistance as shall be required, and to use,
if necessary, reasonable force for that purpose, and to search every
part of the said house [or other place, or if the search is to be confined
to a part, specify the part clearly] and to seize and take possession of
any property [or documents, or stamps, or seals, or coins, as the case
may be] — [Add (when the case requires it) and also of any instruments
and materials which you may reasonably believe to be kept for the
manufacture of forged documents, or counterfeit stamps, or false
seals, or counterfeit coin, as the case may be] and forthwith to bring
before this Court such of the said things as may be taken possession
of ; returning this warrant, with an indorsement certifying what
you have done under it, immediately upon its execution.

Given under my hand and the seal of the Court, this
day of , 190 .

(Seal.) Magistrate,

CRIMINAL PROCEDURE CODE. 397

Crim. Proc, Code.

X. — Bond to Keep the Peace.

Whereas I, , inhabitant of , have been called

upon to enter into a bond to keep the peace for the terra of

, I hereby bind myself not to commit a breach of the
peace, or do any act that may ])robably occasion a breach of the
peace, during the said term ; and, in case of my making default
therein, I hereby bind myself to forfeit to His Highness the Sultan
the sum of dollars.

Dated this day of , 190 .

Signature.

Crim. Proc. Code.

XI. — Bond for Good Behaviour.

Whereas I, , inhabitant of , have been called

upon to enter into a bond to be of good behaviour to His Highness
the Sultan and to all his subjects for the term of I hereby

bind myself to be of good behaviour to His Highness the Sultan and
to all persons within the State during the said term ; and, in case of
my making default therein, I hereby bind myself to forfeit to His
Highness the Sultan the sum of dollars.

Dated this day of , 190 .

Signature.

Where a Bond with Sureties is to he executed add : — We do hereby
declare ourselves sureties for the above named

that he will be of good behaviour to His Highness the Sultan and to
all persons within the State during the said term ; and, in case of
his making default therein, we hereby bind ourselves, jointly and
severally, to forfeit to His Highness the Sultan the sum of
dollars.

Dated this day of , 190 .

Signature.

Crim. Proc. Code.

XII. — Summons on Information of a Probable Breach op

the Peace.

To of

Whereas it has been made to appear to me by credible informa-
tion that {state the suhstayice of the information), and that you are
likely to commit a breach of the peace \or by which act a breach of
the peace will probably be occasioned], you are hereby required to
attend in person [or by a duly authorized agent] at the Magistrate's
Court at

on the day of , 190 ,

at ten o'clock in the forenoon, to shew cause why you should not be
required to enter into a bond for dollars [when sureties

398 CRIMINAL PROCEDURE CODE.

are required, add : — and also to give security by tlie bond of one {or
two, as the case may be) surety {or sureties) in the sum of
dollars (each, if more than one)], that you will keep the peace for the
term of

Given under my hand and the seal of the Court, this
day of ,190 .

{Seal) Magistrate.

Ceim. Proc. Code.

XIII. — Warrant of Commitment on Failure to Find Security
TO Keep the Peace.

To the Officer in Charge of the Prison at

Whereas , of , appeared before me in

person [or by his authorized agent] on the day of in

obedience to a summons calling upon him to shew cause why he
should not enter into a bond for dollars with one surety

[or a bond with two sureties each in dollars], that he the

said would keep the peace for the period of

And Whereas an order was then made requiring the said
to enter into and find such security {state the security ordered when it
differs from that mentioned in the summons), and he has failed to
comjjly with the said order :

This is to Authorize and require you, the said Officer, to receive
the said into your custody, together with this

warrant, and him safely to keep in prison for the said period of

unless he shall, in the meantime, comply with the said
order by himself and his surety [or sureties] entering into the said
bond, in which case the same shall be received, and the said
released ; and to return this warrant with an indorsement certifying
the manner of its execution.

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

Crim. Proc. Code.

XIV. — Warrant op Commitment on Failure to Find
Security for Good Behaviour.

To the Officer in Charge of the Prison at

Whereas it has been made to appear to me that of

has been and is lurking within the District of

, having no ostensible means of subsistence [or and that he
is unable to give any satisfactory account of himself] :

or
Whereas evidence of the general character of of

has been adduced before me and recorded, from which it

CRIMINAL PROCEDURE CODE. 399

appears that he is an habitual robber [or house-breaker, etc., as the
case may he]\

And Whereas an order has been recorded stating the same and
requiring the said to furnish security for his good behaviour

for the term of by entering into a bond with one surety

\or two or more sureties, as the case may he'], himself for
dollars, and the said surety {or each of the said sureties] for
dollars and the said has failed to comply with the said

order, and for such default has been adjudged imprisonment for
unless the said security be sooner furnished :

This is to Authorize and require you, the said Officer, to receive
the said into your custody, together with this

warrant, and him safely to keep in prison for the said period of

, unless he shall in the meantime comply with the said
order by himself and his surety [or sureties] entering into the said
bond, in which case the same shall be received and the said
released ; and to return this warrant with an indorsement certifying
the manner of its execution.

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

Crim. Proc. Code.

XV. — Warrant to Discharge a Person Imprisoned
ON Failure to give Security.

To the Officer in Charge of the Prison at {or other

officer in whose custody the -person is).

Whereas of was committed to

your custody under warrant of this Court, dated the day of

, and has since duly given security under Section of

the Code of Criminal Procedure,

and there have appeared to me sufficient grounds for the opinion
that he can be released without hazard to the community :

This is to Authorize and require you forthwith to discharge the
said from your custody, unless he is liable to be detained

for some other cause.

Given under my hand and the seal of the Court, this
day of

{Seal.) Magistrate.

400 CRIMINAL PROCEDURE CODE.

Ckim. Puoc. Code.

XVI. — Order for the Removal of Nuisances.
To of

Whereas it has been made to appear lo inc that you have caused
an obstriudion [or nuisance | to jx-rsons usirii^ the puhHc roadway for
other public place \ which, etc., (dcscrihc the. road or public plac(\) l)y,
etc., [state ichat it is that causes the obstruction or nuisance,) and that
such obstruction [or nuisance] still exists :

Whereas it has been made to appear to me that you are carrying
on as owner, or manager, the trade or occupation of

and that the same is injurious to the public health [or comfort] by
reason {state briefly in what manner the injurious efjects are caused).
and should be suppressed or removed to a different place :

Whereas it has been made to appear to me that you are the owner
[or are in possession of, or have the control over] a certain tank [or
well, or excavation] adjacent to the public way {describe the thorough-
fare) and that the safety of the public is endangered by reason of the
said tank [or well, or excavation] being without a fence [or insecurely
fenced] :

Whereas, etc., etc., {as the case may be) :

I do Hereby direct and require you within
to or to appear at

in the Court of on

the day of next, and to shew

cause why this order should not be enforced :

I do Hereby direct and require you within

to cease carrying on the said trade or occupation at the said
place, and not again to carry on the same, or to remove the said
trade from the place where it is now carried on, or to appear, etc. :

I DO Hereby direct and require you within
to put up a sufficient fence {state the kind of fence and the part to be
fenced) or to appear, etc.

I DO Hereby direct and require you, etc., etc., {as the case maybe).

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

CRIMINAL PROCEDtJRE CODE. 401

Orim. Proc. Code.

XVII. — Notice and Peremptory Order by Magistrate
AFTER Order Absolute.

To of

Notice is Hereby given that an order absolute has been made
against you requiring you

and you are hereby directed and required to obey the said order
within on peril of the penalty provided

by Section 188 of the Penal Code for disobedience thereto.

Given under my hand and the seal of the Court, this
day of

{Se al . ) Magistrate . •

Crim, Proc. Code.

XVIII. — Injunction to Provide Against Imminent Danger
Pending Decision.

To of

Whereas a conditional order was made by this Court on the
of , 190 , requiring you

and it has been made to appear to
this Court that the nuisance mentioned in the said order is attended
with so imminent serious danger to the public as to render necessary
immediate measures to prevent such danger, You are Hereby,
under the provisions of Section 96 of the Criminal Procedure Code,
1903,^ directed and enjoined forthwith to pending

the final decision of the case.

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

Crim. Proc. Code.

XIX. — Order of Magistrate Prohibiting the Repetition,
ETC., of a Nuisance.

To of

Whereas it has been made to appear to this Court that, etc.,
{state the proper recital, guided by Form No. XVI or Form No. XX,
as the case may be) :

You ARE Hereby Ordered and enjoined not to repeat the said
nuisance by again placing, or causing, or permitting to be placed,
etc., {as the case may be).

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

1 Pk. and Sel., 1902.
1—26

402 CRIMINAL PROCEDURE CODE.

Crim. Proc. Code.

XX. — Order of Maolstrate to Prevent Obstruction,
Riot, etc.

To of

WriEREAS it has been made to ajipoar to this Court that you are in
possossion [or have tlic inanu<i;('iiu'ut| of

and that, in difiging a (h-ain on llic said hmd, you aro about to throw
or ])laco a ])ortion of the earth and stones (hig up upon the adjoining
public road, so as to occasion risk (tf ol)st ruction to persons using the
road :

Whereas it has been made to appear to this Court that you and a
number of other persons {mention the class of persons) are about to
meet and proceed in a religious procession along the public street,
etc., {as the case may he) and that such procession is likely to lead
to a riot or an affray :

Whereas, etc., etc. {as the case may he) :

You are Hereby Ordered not to place or permit to be placed
any of the earth or stones dug from your land in any part of the
said road.

The procession passing along the said street is hereby prohibited,
and you are warned and enjoined not to take any part in such
procession [or, as the case recited may require].

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

Crim. Proc. Code.

XXI. — Order or Magistrate Declaring Party Entitled to
Retain Possession of Land, Etc., in Dispute.

Whereas it appears to the undersigned Magistrate on the grounds
duly recorded, that a dispute, likely to induce a breach of the peace,
existed between {describe the parties by name and residence, or
residence only if the d-ispiUe he between bodies of villagers) concerning
certain situate at

, the parties were called upon to
give in to this Court a written statement of their respective claims
as to the fact of actual possession of the said {the subject of dispute),
and this Court being satisfied by due enquiry had thereupon, without
reference to the merits of the claim of either of the said parties to
the legal right of possession, that the claim of actual possession by
the said is true :

It is Hereby decided and declared that he is [or they are] in
possession of the said and entitled to

CRIMINAL PROCEDURE CODE. 403

retain such possession until ousted by duo course of law, and any
disturbance of his [or theirj possession in the meantime is forbidden.

Given under my hand and the seal of the Court, this
day of 190 .

(Seal.) Magistrate.

Crim, Proc. Code.

XXII. — Warrant of Attachment in the Case of a Dispute
AS TO THE Possession of Land, Etc.

To the Police Officer in Charge of the Police District of
[or, To the Collector of Land Bevenne of ]

Whereas it having been made to appear to the undersigned
Magistrate that a dispute likely to induce a

breach of the peace existed between

of and of concerning

certain situate at , the said parties

were thereupon duly called upon to state to this Court in writing their
respective claims as to the fact of actual possession of the said

And Whereas, upon due enquiry into the said
claims, this Court has decided that neither of the said parties was
in possession of the said [or this Court is

unable to satisfy itself as to which of the said parties was in posses-
sion as aforesaid] :

This is to Authorize and require you to attach the said (the
subject of dispute) by taking and keeping possession thereof, and to
hold the same under attachment until the decree or order of a
competent Court determining the rights of the parties, or the claim
to possession, shall have been obtained ; and to return this warrant
with an indorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this
day of , 190 .

(Seal.) Magistrate.

Crim. Proc. Code.

XXIII. — Order of Magistrate Prohibiting the Doing of
Anything on Land or Water.

A dispute having arisen concerning the right of use of

situate at

, possession of which land [or water] is
claimed exclusively by and it

appearing to this Court, on due enquiry into the same, that the said
land [or water] has been open to the enjoyment of such use by the
public [or if by any individual or a class of persons, describe him or
them], and [if the vse can be enjoyed throvghout the year — that the
said use has been enjoyed within three months of the institution of
the said enquiry, or if the use is enjoyable only at particular seasons,

404 CRIMINAL PROCEDURE CODE.

S(ty (luring the last of the seasons at which the same is capable of
being enjoyed J :

It is Hereby Ordered that the said

or any one in their interest, shall not take [or retain]
possession of the said land \or water] to the exclusion of the enjoy-
ment of the right of use aforesaid, until he [or they] shall obtain
the decree or order of a competent Court adjudging him [or them] to
be entitled to exclusive possession.

Given under my hand and the seal of the Court, this
day of , 190 .

(Seal.) Magistrate.

Crim. Proc. Code.

XXIV. — Bond to Prosecute or Give Evidence.

I, , of , do hereby bind myself to attend at the

Magistrate's Court at , at o'clock on the

day of next, and then and there to give

evidence in the matter of a charge of against one A. B. ;

and in case of my making default herein, I bind myself to forfeit to
His Highness the Sultan the sum of dollars.

Dated this day of , 190 .

Signature.

Crim. Proc. Code.

XXV. — Report of Police Investigation.

To the Public Prosecutor.

1. At o'clock on the day of , 190 , I
received information from that a (murder or gang
robbery) had taken place at and that

were suspected of being concerned therein.

2. I proceeded thereupon to (here state movements and 'proceedings
of reporting Officer).

■ 3. I ascertained the following facts

4. I examined the following witnesses

whose depositions accompany this report.

.5. (// so) I have reason to believe that other persons (naming them)
can throw light upon the case, but I have been unable to examine
them.

6. I have taken bonds for the appearance of the following persons
at the Magistrate's Court at

7. {State any other facts which it may be usef^d for the Public
Prosecutor to know.)

Signaiiire.

CRIMINAL PROCEDURE CODE. 405

Crim. Proc. Code.

XXVI.— Charges.

(I.)— Charges with One Head.

1. That you, on or about the day of , at

, waged war against His Highness the
On renaicode, gultau, and thereby committed an offence punishable
under Section 121 of the Penal Code.

2. That you on or about the day of , at

, with the intention of inducing a Member of

the State Council to refrain from exercising a lawful

power as such member, assaulted such member, and thereby

committed an offence punishable under Section 124 of the Penal Code.

3. That you, being a public servant in the

iGi Department,directly accepted from (stote ^/^e name), for

another party {state the name) a gratification other than

legal remuneration, as a motive for forbearing to do an official act,

and thereby committed an offence punishable under Section 161 of

the Penal Code.

4. That you, on or about the day of ,
o s f 16G ^^ ' ^^^ ^^^ omitted to do, as the case may

he) such conduct being contrary to the

provisions of Enactment , Section , and known

by you to be prejudicial to , and thereby committed

an offence punishable under Section 166 of the Penal Code.

5. That you, on or about the day of ,
_„..,., at , in the course of the trial of

On Section 193, ' , . . ,

before , stated m evidence that

which statement you either knew or believed to be false, or did not
believe to be true, and thereby committed an offence punishable
under Section 193 of the Penal Code.

6. That you, on or about the day of ,
o s f 301 ^* ' committed culpable homicide not

amounting to murder, by causing the death of ,

and thereby committed an offence punishable under
Section 304 of the Penal Code.

7. That you, on or about the day of ,
^ o ,. ,,, at , abetted the commission of suicide by

On Section 306. , ^ '. „.,.,. i,, ,

A. B., a person in a state of intoxication, and thereby
committed an offence punishable under Section 306 of the Penal
Code.

8. That you, on or about the day of ,
_ ^ ,. „„ at , voluntarily caused grievous hurt to

, and thereby committed an
offence punishable under Section 325 of the Penal Code.

9. That you, on or about the day of ,
On Section 392 ^* ' ^obbed and thereby

committed an offence punishable under Section 392 of
the Penal Code.

406 CRIMINAL PROCEDURE CODE.

10. That you, on t>r about the day of ,

at , conunittffl K'»^"K ro})brry, an offence

punishabk; under Section o<J5 of the Penal Code.

(II.)— Charges with Two or More Heads.

1. Firstly. — That you, on ov about the day of ,
^ „ ,. .,,, at , knowing a coin to be counterfeit,

On Section i; 11. ' » j r>

dehvered the same to another person, by name A. ti. ,
as genuine, and thereby committed an offence punishable under
Section 241 of the Penal Code.

Secondly. — That you, on or about the day of ,

at , knowing a coin to be counterfeit, attempted to induce

another person, by name .4. />., to receive it as genuine, and thereby
committed an offence punishable under Section 241 of the Penal
Code.

2. Firstly. — That you, on or about the day of ,

at , committed murder by causing the

and^soi!"'"' ^°^ ^leath of , and thereby committed an

offence punishable under Section 302 of the Penal
Code.

Secondly. — That you, on or about the day of , at ,

by causing the death of , committed culpable homicide

not amounting to murder, and thereby committed an offence
punishable under Section 304 of the Penal Code.

3. Firstly. — That you, on or about the day of ,

at , committed theft, and thereby com-

an/l82?"'' ^^^ mitted an offence punishable under Section 379 of the
Penal Code.

Secondly. — That you, on or about the day of , at ,

committed theft, having made preparations for causing death to a
person in order to the committing of such theft, and thereby
committed an offence punishable under Section 382 of the Penal
Code.

Thirdly. — That you, on or about the day of , at ,

committed theft, having made preparation for causing restraint to
a person in order to the effecting of your escape after the committing
of such theft, and thereby committed an offence punishable under
Section 382 of the Penal Code.

Fourthly. — That you, on or about the day of

at , committed theft, having made preparation for causing

fear of hurt to a person in order to the retaining of projierty taken
by such theft, and thereby committed an offence punishable under
Section 382 of the Penal Code.

4. That you, on or about the day of , at ,
Alternative ^^ ^^® coursc of the enquiry into before ,
charf,'eson Stated in cvideiice that and that you. on

Section 193. i.j.j.i_ ^ e j_ -ji

or about the day oi , at , in the

course of the trial of , before , stated in evidence

that , one of which statements you either knew

CRIMINAL PROCEDURE CODE. 407

or believed to be false, or did not believe to be true, and thereby
committed an offence punishable under Section 193 of the Penal
Code.

(III.) — Charge for Theft after a Previous Conviction.

That you, on or about the day of , at ,

committed theft, and thereby committed an offence punishable
under Section 379 of the Penal Code.

And further that you, before the committing of the said offence,
that is to say, on the day of , had been convicted

by the , at ,

of an offence punishable under Chapter XVII of the Penal Code
with imprisonment for a term of three years, that is to say, the
offence of house-breaking by night {describe the offence in the words
used in the section under which the accused was convicted), which
conviction is still in full force and effect, and that you are thereby
liable to enhanced punishment under Section 75 of the Penal Code.

Crim. Proc. Code.

XXVII. —Formal Part of Charges Tried before
Senior Magistrate.

A. B., You are charged at the instance of the Public Prosecutor,
and the charge against you is

Public Prosecutor,

Crim. Proc. Code.

XXVIII. — ^Warrant of Commitment on a Sentence of
Imprisonment or Fine.

To the Officer in Charge of the Prison of

Whereas on the day of

the (1st, 2nd, 3rd, as the case 'may be) prisoner
in Case No. at the Magistrate's Court at

was convicted before this Court of the
offence of under Section

{or Sections ) of the Penal Code [or of Enactment

], and was sentenced to

This is to Authorize and require you, the said Officer, to
receive the said into your

custody, together with this warrant, and carry the aforesaid sen-
tence into execution according to law.

Given under my hand and the seal of the Court, this
day of , 190 .

(Seal.) Magistrate.

408 CRIMINAL PROCEDURE CODE.

Crim. Proc. Code.

XXIX. — Warrant of Imprisonment on Failure to
Recover Amends by Distress.

To the Officer in Charge of the Prison at

Whereas of has brought against

of the complaint that

, and the same has ))ecn dismissed as frivolous \or

vexatious], and the order of dismissal awards payment by the said

of of the sum of dollars as amends ; And

Whereas the said sum has not been paid and cannot be recovered

by distress of the movable property of the said

and an order has been made for his simple imprisonment
for the period of days, unless the aforesaid sum be

sooner paid :

This is to Authorize and require you, the said Officer, to
receive the said into your custody, together with this

warrant, and him safely to keep in j^rison for the said period of
subject to the provisions of Section 69 of the
Penal Code, unless the said sum be sooner paid ; and on the receipt
thereof forthwith to set him at liberty, returning this warrant
with an indorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this
day of

{Seal.) Magistrate.

Crim. Proc. Code.

XXX. — Summons to a Witness.
To of

Whereas complaint has been made before me that of

has [or is suspected to have] committed the offence of

{state the offence concisely, with time and place) and it appears to me

that you are likely to be able to give material evidence respecting

the matter of such complaint :

You are Hereby summoned to ajjpear before the Magistrate's
Court at on tlie day of

next at ten o'clock in the forenoon, to testify what you
know concerning the matter of the said complaint, and not to
depart thence without leave of the Court ; And You are Hereby
warned that if you shall, without just excuse, neglect or refuse to
appear on the said date, a warrant will be issued to compel your
attendance.

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate^

CRIMINAL PROCEDURE CODE. 409

Crim. Proc. Code.

XXXI.— Precept to Magistrate.
To the Maqi'itrate at

You ARE Hereby required to summon

to
serve as Assessors at the Assizes to be held at the Court-

house at on day of , 190 .

Registrar.

Crim. Proc. Code.

XXXII. — Summons to Assessors.

To of

You ARE Hereby required to attend on the day

of , 190 , at the hour of o'clock a.m., at the

Senior Magistrate's Court at to serve as an Assessor, and

to continue in attendance till duly discharged by the said Court
from further attendance.

Given at this day of , 190 .

Magistrate.

Crim. Proc. Code.

XXXIII. — Warrant of Commitment under Sentence of Death.

To the Officer in Charge of the Prison at

Whereas at the Assizes held on the day of

the (1st, 2nd, 3rd,
as the case may he) prisoner in Case No. at the said Assizes

was duly convicted of the offence of murder under Section 302 of
the Penal Code, and sentenced to suffer death :

This is to Authorize and require you, the said Officer, to receive
the said into your custody, together with

this warrant, and him there safely to keep until you shall receive
the further warrant or order of this Court, or an order of the
Resident thereon.

Dated this day of , 190 .

{Seal.) Senior Magistrate.

Crim. Proc. Code.
XXXIV. — Warrant of Execution on a Sentence of Death

To the Officer in Charge of the Prison at

Whereas • the (1st, 2nd, 3rd, as the

case may be) prisoner in Case No. at the Assizes held

at on the day , 190 , has been, by a

warrant of this Court, dated the day of ,

410 CRIMINAL PROCEDURE CODE.

committed to your custody under sentence of dciitli ; And VVherkaS
the order of the Resident directin},' the said sentence to be carried
into clTcct has been received l)V this Couit :

This is to Autjiorizk and recjuire you. the said Officer, to carry
the said sentence into execution by causinj^ the said to

be hanged by the neck until he be tlead, at {lime and place of e.xccu-
fioii). and to return this warrant to the Court with an indorsement
certifying that the sentence has been executed.

Given under my hand and the seal of the Court, this
day of , 100 .

(Seal.) Senior Magistrate.

Crim. Proc. Code,
XXXV. — Warrant to Levy a Fine by Distress and Sale.

To of

Whereas of was on the

day of , 190 , convicted before me of the offence

of and sentenced to pay a fine of

dollars, And Whereas the said ,

although required to pay the said fine, has not paid the same or any

part thereof :

This is to Authorize and require you to make distress by
seizure of any property belonging to the said
which may be found within the District of

and, if within next after such distress

the said sum shall not be paid {or forthwith), to sell the property
distrained, or so much thereof as shall be sufficient to satisfy the
said fine, returning this warrant, wdth an indorsement certifying
what you have done under it, immediately upon its execution.

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

Form of Indorsement.

Whereas it has been proved to me that the signature T. S. to
the within warrant is that of T. S., a Magistrate of the District of

, I Do Hereby Authorize the
execution in the District of of the said warrant by

Magistrate.

CRIMINAL PROCEDURE CODE. 411

Crim. Proc. Code.

XXXVI. — Bond to Appear and Receive Judgment.

Whereas I, , inhabitant of , have been

called upon to enter into a bond to appear before the Court of
at if and Avhen called upon to receive the judgment

of the said Court for the offence of whereof I have been

convicted, and in the meantime to keep the peace and to be of good
behaviour : I hereby bind myself to appear on the day of

190 , in the said Court or whenever I shall be thereto required, and
in the meantime to be of good behaviour and to keep the peace
towards His Highness the Sultan and to all persons within the State ;
and in case I make default in any of the conditions herein I bind
myself to forfeit to His Highness the Sultan the sum of
dollars.

Dated this day of , 190

Signature.

Where a bond with sureties is to he executed, add : — We do hereby
declare ourselves sureties for the above named
that he will appear in the Court of at

on the day of 190 , or whenever he shall be

thereto required, and that he will in the meantime be of good
behaviour and keep the peace towards His Highness the Sultan and
towards all persons within the State ; and in case of his making
default in any of the conditions herein, we bind ourselves, jointly
and severally, to forfeit to His Highness the Sultan the sum of
dollars.

Dated this day of , 190 .

Signatures.

Crim. Proc. Code.

XXXVII. — Warrant of Commitment in Certain Cases
of Contempt when a Fine is Imposed.

To the Officer in Charge of the Prison at

Whereas at a Court holden before me on this day

of in the presence [or view] of the Court

committed wilful contempt :

And Whereas for such contempt the said
has been adjudged by the Court to pay a fine of dollars, or

in default to suffer simple imprisonment for the space of

This is to Authorize and require you to receive the said

into your custody, together with this warrant, and
him safely to keep in prison for the said period of

unless the said fine be sooner paid ; and, on the receipt
thereof, forthwith to set him at liberty, returning this warrant with
an indorsement certifjdng the manner of its execution.

Given under my hand and the seal of the Court, this
day of , 190 .

(Seal.) Magistrate.

412 CRIMINAL PROCEDURE CODE.

Ckim. Pko(!. Code.

XXXVIII. Warrant of Commitment of Witness Refusing

TO Answer.

To the Officer in (^Jimye of f/ie Prison at

WnFRKAS of , bcin;^ siuninoiRd \or

brought before this Court] as a witness and this day reciuired to give
evich'iice on an enquiry into an allegorl offence, refused to answer a
certain question |o/- certain (juestions] put to liirn touching the said
alleged offence, and duly recorded, without alleging any just excuse
for such refusal, and for this contempt has been adjudged detention
in custody for

This is to AutmorizF"; and require you to take tlie said
into custody, and liim safely keej) in your custody for the space of
days, unless in the meantime he shall consent to be
examined and to answer the questions asked of him, and on the last
of the said days, or forthwith on such consent being known, to bring
him before this Court to be dealt with a(;cording to law ; returning
this warrant with an indorsement certifying the manner of its
execution.

Given under my hand and the seal of the Court, this
day of ,190 .

{Seal.) Magistrate.

Crim. Proc. Code.

XXXIX. — Bond and Bail Bond on a Preliminary Enquiry
before a Magistrate.

I, , of , being in custody [or brought before

the Magistrate's Court at ]

charged with the offence of , and required to give

security for my attendance in that Court and at the Senior
Magistrate's Court if required, do bind myself to attend at the said
Magistrate's Court on every day of the preliminary enquiry into the
said charge, and should the case be sent for trial by the Senior
Magistrate's Court to be and appear before the said Court when
called upon to answer the charge against me ; and, in case of my
making default herein, I bind myself to forfeit to His Highness the
Sultan the sum of dollars.

Dated this day of , 190 .

Sigiiature.

I hereby declare myself [or we jointly and severally declare our-
selves and each of us] surety [or sureties] for the said that
he shall attend at the Magistrate's Court at

on every day of the preliminary enquiry into the
offence charged against him and, should the case be sent for trial by

CRIMINAL PROCEDURE CODE. 413

the Senior Magistrate's Court, that he shall be and appear before the
said Court to answer the charge against him ; and in case of his
making default therein, I bind myself [or we bind ourselves, jointly
and severally] to forfeit to His Highness the Sultan the sum
of dollars.

Dated this day of , 190 ,

Signature.

Grim, Proc. Code.

XL. — Warrant to Discharge a Person Imprisoned
ON Failure to Give Security.

To the Officer in CJiarge of the Prison at

Whereas of was committed to your

custody under warrant of this Court, dated the day of

,190 , and has since with his surety [or sureties] duly
executed a bond under the Code of Criminal Procedure :

This is to Authorize and require you forthwith to discharge the
said from your custody, unless

he is liable to be detained for some other matter.

Given under my hand and the seal of the Court, this day of

, 190 .

{Seal.) Magistrate.

Crim. Proc. Code.

XLI. — Warrant of Attachment to Enforce a Bond.

Whereas of has

failed to appear on pursuant to his recognizance,

and has by such default forfeited to His Highness the Sultan the sum
of dollars And Whereas the said

has, on due notice to him, failed to pay the said
sum or shew any sufficient cause why payment should not be
enforced against him ;

This is to Authorize and require you to attach any movable
property of the said that you may find within

the State by seizure and detention ; and if the said amount be not
paid within three days, to sell the property so attached or so much
of it as may be sufficient to realize the amount aforesaid, and to make
return of what you have done under this warrant immediately upon
its execution.

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

414 CRIMINAL PROCEDURE CODE.

Crim, Proc. Code.

XLII.— Notice to Surety on Breath of a Bond.

To of

Whereas on tho day of , 190 , you became surety for

of that he .should a])])ear lief ore this Court on the

day of , 190 , and hound yourself in default thereof

to forfeit the sum of dollars to His Hit^hness tlie Sultan, And

Whereas the said has failed to appear before this Court,

and by reason of such default you have forfeited the aforesaid sum of

dollars ;

You are Hereby Required to ])ay the said penalty or shew
cause, within days from this date, why payment of

the said sum should not be enforced against you.

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

Crim. Proc. Code.

XLIII. — Notice to Surety of Forfeiture of Bond for Good

Behaviour.

To of

Whereas on the day of , 190 , j^ou became

surety by a bond for of that he would be of good

behaviour for the period of , and bound yourself in

default thereof to forfeit the sum of dollars to His Highness

the Sultan, And Whereas the said has been convicted of

the offence of committed since you

became such surety, whereby your security bond has become
forfeited :

You are Hereby Required to pay the said penalty of
dollars, or to shew cause within clays why it should

not be paid.

Given under my hand and the seal of the Court, this day

of , 190 .

(Seal.) Magistrate.

Crim. Proc. Code.

XLIV. — Warrant of Attachment Against a Surety.

Whereas of has bound himself

as surety for the appearance of {mention the condition of the bond),
and the said has made default, and thereby

forfeited to His Highness the Sultan the sum of dollars :

This is to Authorize and require you to attach any movable
property of the said which you may find by seizure

CRIMINAL PROCEDURE CODE. 415

and detention ; and, if the said amount be not paid within three
days, to sell the property so attached, or so much of it as may be
sufficient to realize the amount aforesaid, and make return of what
you have done under this warrant immediately upon its execution.

Given under my hand and the seal of the Court, this day

of , 190 .

(Seal.) Magistrate.

Crim. Proc. Code.

XLV. — Warrant of Commitment of the Surety of an Accused
Person Admitted to Bail.

To the Officer in Charge of the Prison at

Whereas of has bound

himself as a surety for the appearance of {state

the condition of the bond) and the said has therein made

default whereby the penalty mentioned in the said bond has been
forfeited to His Highness the Sultan, And Whereas the said
has, on due notice to him, failed to pay the said
sum or shew any sufficient cause why payment should not be
enforced against him, and the same cannot be recovered by attach-
ment and sale of movable property of his, and an order has been
made for his imprisonment in the Civil Prison for

This is to Authorize and require you, the said Officer, to
receive the said into your custody with this warrant,

and him safely to keep in the said Prison for the said
and to return this warrant with an indorsement certifying the
manner of its execution.

Given under my hand and the seal of the Court, this
day of , 190 .

(Seal.) Magistrate.

Crim. Proc. Code.

XL VI. —Notice to the Principal of Forfeiture of a Bond
TO Keep the Peace.

To of

Whereas on the day of , 190 ,

you entered into a bond not to commit, etc., (as in the bond), and
proof of the forfeiture of the same has been given before me and
duly recorded :

You ARE Hereby called upon to pay the said penalty of
dollars or to shew cause before me within days why

payment of the same should not be enforced against you.

Dated this day of , 190 .

(Seal.) Magistrate.

416 CRIMINAL PROCEDURE CODE.

Crim. Proc. Code.

XLVII. — Warrant to Attach the Property of the Principal
ON Breach of a Bond to Keep the Peace.

Whereas , of , did on the

day of , enter into a bond for the sum of dollars,

binding himself not to commit a breach of the ])eace, etc., {as in the
bond,) and proof of the forfeiture of the said l)ond has been given
before me and duly recorded ; And Wiikhkas notice has been
given to the said calling upon him to shew cause

why the said sum should not be paid, and he has failed to do so
or to pay the said sum :

This is to Authorize and require you to attach by seizure the
property belonging to the said to the value of

dollars which you may find ; and if the said sum be not paid within
, to sell the property so attached, or so
much of it as may be sufficient to realize the same, and to make
return of what you have done under this warrant immediately
upon its execution.

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

Crim. Proc. Code.

XLVIII. — Warrant of Imprisonment on Breach or a Bond
to Keep the Peace.

To the Officer in Charge of the Prison at

Whereas proof has been given before me and duly recorded
that , of , has committed a breach of the

bond entered into by him to keep the peace, whereby he has for-
feited to His Highness the Sultan the sum of dollars ; And
Whereas the said has failed to pay the said sum or
to shew cause why the said sum should not be paid, although duly
called upon to do so, and payment thereof cannot be enforced by
attachment of his movable property, and an order has been made
for the imprisonment of the said in the Civil
Prison for the period of

This is to Authorize and require you, the said Officer of the
said Civil Prison to receive the said into your

custody, together with this warrant, and him safely to keep in the
said Prison for the said period of ; and

to return this warrant with an indorsement certifying the manner
of its execution.

Given under my hand and the seal of the Court, this
day of , 190 .

{Seal.) Magistrate.

CRIMINAL PROCEDURE CODE. 417

Crim. Proc. Code.

XLIX. — Warrant of Attachment and Sale on Forfeiture

OF Bond for Good Behaviour.
To

Whereas , of , did on the

day of , 190 , give security by bond in the sum of

dollars for the good behaviour of

, and proof has been given before me and duly recorded
of the commission by the said of the offence of

whereby the said bond has been forfeited ; And Whereas notice
has been given to the said calling upon him to

shew cause why the said sum should not be paid, and he has failed
to do so or to pay the said sum :

This is to Authorize and require you to attach by seizure the
property belonging to the said to the value of

dollars which you may find, and if the said sum be not paid within
, to sell the property so attached, or so much of it as
may be sufficient to realize the same, and to make return of what
you have done under this warrant immediately upon its execution.

Given under my hand and the seal of the Court, this
day of " , 190 .

{Seal.) Magistrate.

Crim, Proc. Code.

L. — Warrant of Imprisonment on Forfeiture of Bond
FOR Good Behaviour.

To the Officer in Charge of the Prison at

Whereas , of , did on the

day of 190 , give security by bond in the sum of

dollars for the good behaviour of and

proof of the breach of the said bond has been given before me and
duly recorded , whereby the said has forfeited to

His Highness the Sultan the sum of dollars ; And Whereas

he has failed to pay the said sum or to shew cause why the said
sum should not be paid, although duly called upon to do so, and
payment thereof cannot be enforced by attachment of his projDcrty,
and an order has been made for the imprisonment of the said
in the Civil Prison for the period of

This is to Authorize and require you, the said Officer, to receive

the said into your custody, together with this warrant,

and him safely to keep in the said Prison for the said period of

; returning this warrant with an indorsement

certifying the manner of its execution.

Given under my hand and the seal of the Court, this
day of ^ , 190 .

{Seal.) Magistrate.

1—27

418 CRIMINAL PROCEDURE CODE.

Crim, Proc. Code.

LI. — Form of Petition of Appeal.

IN THE

To the Senior Magistrate.
The petition oi A. B.
Sheweth as follows : — ■

1. ^ Your Petitioner the above-named A. B. was charged with

and convicted [or
acquitted] at the Magistrate's Court held at on the

of , 190 , and the following order was

made thereon

2. Your Petitioner is dissatisfied with the said judgment on the
grounds following : —

3. Your Petitioner prays that such judgment or sentence may be
reversed or that such order may be made thereon as justice maj'^
require.

A'pjpellant.

THE FOURTH SCHEDULE.
Rules under Section 303.

1 . Every appHcation to bring up before the Court a person alleged
to be illegally or improperly detained in custody shall be supported
by affidavit stating where and by whom the person is detained in
custody and (so far as they are known) the facts relating to such
detention with the object of satisfying the Court that there is
probable ground for supposing that such person is detained in
custody against his will and without just cause.

2. The officer in charge of a defendant in custody under a writ of
attachment shall, as soon as possible after the arrest, bring such
person before the Court to be dealt with according to law and if he
shall fail to do so the Court shall forthwith order the said defendant
to be brought before it.

3. When an application is made under Rule 1 to bring up before
the Court a person in custody under a warrant to detain such person,
a copy of the warrant under which he is detained, obtained from
and authenticated by the signature of the person in whose custody
the applicant is, shall be produced to the Court, or it shall be shewn
by affidavit that it has been asked for and denied.

4. The affidavit required by Rule 1 shall be made by the person
alleged to be in custody unless it be she^vIl that by reason of restraint
or coercion or other sufficient cause he is unable to make it, in which
case it shall be made by some other person.

^ If the appeal is brought by the Public Prosecutor omit the words " Your
Petitioner " in Section 1.

CRIMINAL PROCEDURE CODE. 419

5. In any case in which the Court shall order a person in custody
to be brought before it a warrant in writing shall be prepared and
signed by the Senior Magistrate, and sealed with the seal of the
Court.

6. Such Avarrant shall, unless otherwise ordered, be delivered to
the applicant or his Advocate, who shall cause it to be served
personally upon the person to whom it is directed, or otherwise as
the Court shall direct.

7. The forms of warrant prescribed hereunder shall be followed
with such variations as the circumstances of each case may require.

Form of Warrant under Rule 1.

In the

To the Officer in Charge of the [name of prison] or of the [name of
asjdum] or to [name of officer] in Charge of

You ARE Hereby required to have the body of ,

now a prisoner m the [name of 'prison] or now in custody at the [name
of asylum] or now in your charge, under safe and sure conduct before
the Senior Magistrate's Court at on the day of

next by of the clock in the forenoon

of the same day, there to be dealt with according to law ; and
unless the said shall then and there by the said

Court be ordered to be discharged, cause him, after the said Court
shall have dispensed with his further attendance, to be conveyed
under safe and sure conduct back to the said prison [or asylum or
other custody].

Dated this day of , 190 .

Senior Magistrate.

Form of Warrant under Rule 2.
In the
To the Officer in Charge of (name of prison or other place where the
person is detained in custody) or to (name of person).

You are Hereby required to have the body of
now a prisoner in your custody under a warrant of attachment before
the Senior Magistrate's Court on the day of

next by of the clock in the forenoon of the same day to

be dealt with according to law ; and you shall then and there abide
by such order as shall in that behalf be made by the said Court. And
unless the said shall then

and there by the said Court be ordered to be released you shall, after
the said Court shall have dispensed with his further attendance,
cause him to be conveyed under safe and sure conduct back to the
said prison [or other jilace of custody].

Dated this day of , 190 .

Senior Magistrate.

LIGHTS AND SMALL SHIPPING.

Short title,
commencement,
and repe.%1.

Interpretation.
E. 19 o£ 1918.

Maintenance of
light-houses
and lights.

Paymeat of
tolls.

Tcrak.
E. 12 of 1902
22.11.1902
1.1.1903

Selangor.
E. 18 of 1902
25.11.1902
1.1. 1903

Negri Sembilan.
E. 12 of 1902
15.10.1902
1.1. 1903

Paliang.
E. 12 of 1902
12.11.1902
1.1.1903

as amended by
Fed. E. 19 of 1918 and 6 of 1919.

An Enactment to amend the law relating to the Main-
tenance of Light- houses and Lights, the Collection
of Light Tolls and Dues, the Licensing of Junks,
Tongkangs, and Boats in Tidal Waters, and the
Control of Fishing in such Waters.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as " The Lights and Small
Shipping Enactment, 1902," and shall come into force upon the first
day of January, 1903.

(ii) Upon the coming into force of this Enactment the Enactment
specified in Schedule I, shall be repealed to the extent mentioned in
the third column of the said schedule.

2. (i) In this Enactment the word " port," when such meaning is
not inconsistent with the context, includes any harbour, roadstead,
or place of call for ships. The word " fish " and the expression
" to fish," with its grammatical variations, extend to every description
both of fish and of shell-fish and to all marine molluscs and crustaceans.

(ii) The provisions of this Enactm nt shall not apply to boats or
other vessels which are not used in tidal waters, nor to fishing in
non-tidal waters.

(iii) All powers and duties hereby conferred and imposed on the
Conservator of the port may in places where there is no Conservator
be exercised and performed by any officer whom the Resident may
from time to time by notification in the Gazette appoint in that
behalf.

3. There shall be maintained, at the expense of the public revenue
of the State, the light-houses and lights described in Schedule II.,
together with such other light-houses or lights as the Resident, with
the approval of the Resident-General, may from time to time
establish,

4. If any ship of the burden of twenty-five tons or upwards shall
depart from or enter any port in the State upon or during or at the
termination of any voyage in the ordinary course of which she would
pass any of the said lights or any other lights maintained by the

420

LIGHTS AND SMALL SHIPPING.

421

Government of any of the Federated Malay States, a toll shall be
paid in respect of such ship at the rates set forth in Schedule III.,
unless tolls in respect of lights for the whole of such voyage have been
duly paid in some other of the Federated Malay States in accordance
wdth the law in force in such State ; ])rovided that sailing ships of
less than fift}^ tons burden owned and licensed ^\ ithin the Federated
Malay States shall be exempt from payment of tolls under this
Enactment.

5. The return of a ship from any port or place shall be deemed a
distinct voyage within the meaning of this Enactment, notwith-
standing that toll may have been paid in respect of her voyage to
such port or place and notwithstanding the terms of any charter
party.

6. The Resident may from time to time, by notification in the
Gazette, appoint any person to be a Collector of tolls and dues under
this Enactment at any port in the State.

7. The toll to be levied under this Enactment shall become due
and be payable in respect of any ship clearing out or departing from
any port in the State upon any such voyage as aforesaid previously
to the granting of any port clearance for such ship, or, in the event
of her not requiring a port clearance, on her preparing to leave such
port on such voyage, unless satisfactory proof be given by produc-
tion of a proper voucher or other^\dse that such toll has been paid
at the same or some other port or place ; and in respect of any ship
entering any such port as aforesaid upon or during or at the termina-
tion of any such voyage from any port or place not in the State the
toll shall, in the absence of such proof as aforesaid, be payable
immediately upon her entering such port.

8. The Collector of tolls and dues at any port in the State or any
other officer whom the Government to which such port is sub-
ordinate may appoint to receive the tolls above mentioned shall
collect the same by himself or by any officer in his establishment
whom he shall appoint. The officer to whom any such toll shall be
paid shall grant to the person paying the same a proper voucher in
Avriting under his hand describing the name of his office and the port
at which such payment shall be made, the name, toimage, and other
proper description of the ship, and the voyage in respect of which
such toll shall be paid.

9. (i) The officer of Government whose duty it shall be to grant
a port clearance for any ship clearing out of or leaving any port in
the State shall not grant such port clearance to any ship until the
owner or agent of such ship, or the master or other person in
command thereof, shall have paid all tolls to which such ship shall
be liable under this Enactment, or shall have given satisfactory
proof that such tolls have been paid at the same or some other port
or place or that tolls in respect of lights for the whole of the voyage
which such ship is then making have been duly paid in some other
of the Federated Malay States in accordance with the law in force
in such State.

(ii) If any master or owner or other person having the charge of
any ship liable to the payment of any tolls under this Enactment
shall refuse or neglect to pay the amount thereof to the person

Toll in respect
of return
voyage.

Appointment
of Collector.

Tolls to be paid
before port
clearance is
granted.

Tolls to be paid
to proper officer
who shall £?ive
a receipt for
the same.

Port clearance
not to be
granted till
tolls are paid,
and goods may
be seized
and sold for
tolls.

422

LIGHTS AND SMALL SHIPriNG.

Collector may
sue for recovery
of tolls.

Burden of ship,
how to be
ascertained.

Penally for not
declarinjj
destination or
not paying tolls.

authorized to collect or receive the same, such person may seize,
or cause to l)e seized, any goods or merchandise, to wliomsoever the
same may b(>long, on board such sliip and any tackle, apparel, or
furniture belonging to such ship and may remove the same, or cause
the same to be removed, to some convenient place, leaving on board
such ship notice in Avriting of such seizure and of the cause thereof
and of the place to which the goods have been removed. If the
tolls due, together with the costs of such seizure and removal, shall
not be paid within three whole days after the seizure, exclusive of
the day of such seizure, the person authorized to collect or receive
such tolls may cause the goods, merchandise, tackle, apparel, and
furniture so seized to be sold, and out of the jiroceeds of such sale
shall pay the amount of the tolls to which such ship may be liable
under this Enactment, together with the reasonable costs of such
seizure, detention, and sale, rendering to the master or owner or
other person in command of such ship the balance, if any, on demand.

10. Notwithstanding anything in this Enactment contained, the
person authorized to collect the said tolls at any such port as afore-
said may sue for and recover on behalf of the State the amount of
any tolls payable to him under this Enactment by action in any
of the Civil Courts of the State against the owner or master or other
person who at the time of such toll becoming due shall have the
command of any ship liable therefor.

11. In order to ascertain the burden of any ship liable to pay toll
under this Enactment the person authorized to collect such toll may
require the owner, master, or other person in command of such ship
or any person having possession of the same to produce the register
or license of such ship for the inspection of such person if the ship
be a British registered ship or a ship registered or licensed in the
State or in any other of the Federated Malay States, and upon the
refusal or neglect of any such owner, master, or other person to
produce such register or license or, if such ship be not a ship
registered or licensed as aforesaid, upon the refusal or neglect of
such oAvner or master to satisfy the person authorized to collect
such tolls as to what is the true burden of the ship, it shall be lawful
for such person to cause such ship to be measured at the expense of
the master thereof, and such expense shall be recoverable in the
same manner as tolls payable under this Enactment, or it shall be
laAvful for such person to deliver to such oAvner, master, or other
person in command of the ship or in the possession thereof, or to
leave for him on board such ship, a notice in writing specifying
what, in his judgment, is the burden of the ship, and the burden
specified in such notice shall be deemed to be the real burden of the
ship and be treated as such for all purposes of this Enactment until
the owner, master, or other person in command of the ship shall
give sufficient proof of the true burden thereof.

12. The master of any ship which shall depart from or enter any
such port as aforesaid upon or in the course of or at the termination
of any voyage shall, upon demand by any person authorized to
collect or receive tolls under this Enactment, specify upon what
voyage he is bound ; and if anj^ master of any such ship shall refuse
or neglect so to do or shall give a false statement or shall endeavour

LIGHTS AND SMALL SHIPPING.

423

MacLstrate to
decide disputes
respecting tolls.

Licenses to
junks and
tongkangs to
ply between the
State and neigh-
bouring ports.

to evade the payment of any tolls payable under this Enactment or
shall obstruct any officer of Government in the discharge of his duty
under this Enactment, he shall be liable upon conviction to a fine
not exceeding two hundred and fifty dollars.

13. If any dispute shall arise respecting the liability of any ship
to the payment of toll under this Enactment or in respect of the
burden of any ship or the amount of toll payable or the amount of
any charges on account of any seizure, removal, or sale under this
Enactment, such disjiute shall be heard and determined by a
Magistrate of the First Class in a summary manner, and the decision
of such Magistrate shall be final.

14. It shall be laAvful for the Conservator of the port, in such cases
as he shall think fit, to grant to any owner of any junk or tongkang
a license, substantially in the form of Schedule IV., authorizing such
junk or tongkang to ply between the State and neighbouring ports
during such period and subject to such conditions as the Resident
may Avith the approval of the Resident-General determine, and such
conditions shall be endorsed on or contained in such license, and on
a license being so granted for any junk or tongkang the master
thereof shall cause the number of the said license to be painted, to
the satisfaction of the Conservator, on each bow and on the stern :
provided that no such license shall be granted unless the intended
licensee shall enter into a bond, substantially in the form of Schedule
v., together with one or more sureties resident in the State and to be
approved of by the District Officer, conditioned in any sum not
exceeding one thousand dollars for the observance of the conditions
of such license.

15. Fees shall be chargeable yearly for licenses for junks and junkand
tongkangs as follows :— ndS^lL.

For every junk or tongkang of less than 100

tons burden . . . . . . . . . . $3

For every junk or tongkang of 100 tons

burden, or over . . . . . . , . $5

or such other fees as the Resident ma}^ from time to time Avith the
approval of the Resident- General, by notification in the Gazette,
prescribe.

16. A register of all licenses for junks and tongkangs granted Register of
under this Enactment shall be kept by the Conservator of the port tongkang
and shall contain the folloAving particulars : — The name of the ''°^°^^^-
licensee ; the name, rig, and tonnage of the junk or tongkang ; the
names of the sureties of the licensee ; the date of the license ; and

such other particulars as may be directed by the Resident.

17. It shall not be lawful to change the name of any junk or change of name
tongkang for which a license shall have been granted as aforesaid or tongkang!'"''
except yviih the approval in writing of the Resident, and every

change of name of any such junk or tongkang shall be endorsed on
or contained in such license and shall be entered in the register
aforesaid. Any person offending against the provisions of this
section shall be liable, on conviction, to a fine not exceeding one
hundred dollars.

424

LIGHTS AND SMALL SHIPPING.

Boats for pas-
seiitrcrs, carpo,
and lisliins to
be licensed.

E.«of 1919.

Penalty for
usinf; unli-
censed boats.

Boat licenses,
how obtained.

Fees for
boat licenses.

Terna of boat
licenses ;
renewal ;
change of
owner.

18. No ])oat shall ply for hiro or be hircMl for the conveyance of
passe ngcM's or cargo and no boat capable of carrying more than one
person shall be used for lishing in any tidal waters of the 8tate
without a license in that behalf under this Enactment to be obtained
as hereinafter provided.

19. The owner of any boat using or permitting the use of the
same for the hired conveyance of ])assengers or cargo, or for fishing,
in contravention of tlie ])receding section shall be liable on conviction
to a fine not exceeding iifty dollars.

20. Any person desirous of having a boat licensed for the convey-
ance of passengers or cargo, or for fishing, shall apply to the Con-
servator of the port, who shall examine the boat and, if he thinks it
seaworthy and proper for the conveyance of passengers or cargo or
for fishing, may grant a license for such boat, substantially in one of
the forms contained in Schedule VI., as a passenger or cargo or
fishing boat, as the case may be. The Conservator may upon the
application of the owTier of a licensed cargo boat grant a license free
of charge for the conveyance of passengers therein, upon the con-
dition that not more than five passengers shall be carried at any one
time for each koyan of capacity, as shcAvn in the license, unoccupied
by cargo or otherwise.

21. A register of all licenses for boats granted under this Enact-
ment shall be kept by the Conservator of the port and shall contain
the following particulars and such other particulars as may be
directed by the Resident : —

(a) The name and residence of the OAvner and of the person to

be in charge of the boat as manager ;

(b) The number of the crew to be employed ;

is to be permitted to carry in addition to the crew ;

(d) The capacity of the boat for carriage of cargo ;

(/) The date of the license.

22. Fees shall be chargeable yearly for licenses for boats, as
follows : — •

For every cargo boat not exceeding 10 koyans burden
For each additional koyan
For every passenger boat
For every fishing boat . .

c,
00
10
50
25

23. Licenses for boats shall be in force till the end of the year of
their issue and thereafter shall be renewed yearly, and every change
of owner and of manager shall be reported to the Conservator of
the port, who shall note the same on the license and in the register
of licenses, wdth the name of the transferee, the date and such other
particulars as may be necessary, Any owner or manager failing
to report such change shall be liable on conviction to a fine not
exceeding twenty-five dollars.

LIGHTS AND SMALL SHIPPING.

425

24. The |)ersons whose names shall appear in the said register as
owners and managers of boats shall, for all the purposes of this
Enactment and of prevention of offences and for all police purposes,
be deemed to be the owners and managers thereof, respectively.

25. The owner of every boat shall, before receiving a license, cause
the number of the boat to be painted or marked, in such legible
and durable manner as the Conservator of the port may direct, on
each side near the fore-part of the boat, in letters of such size and
character, and in such positions, as the Conservator shall direct.

26. At the time of the issue of a license for any boat a copy thereof
shall also be given to the o^ner, A^ho shall cause such copy to be kept
at all times on board the boat to which the same relates in custody of
the person in charge of such boat, and such person shall exhibit the
same to any police or port officer or intending emploj^er who shall
demand to see the same. Any person offending against the pro-
visions of this section shall be liable on conviction to a fine not
exceeding one hundred dollars.

27. It shall be lawful for the Conservator of the port, with the
sanction of the Resident, to cancel any license issued under this
Enactment.

28. (i) It shall be lawful for the Resident, with the approval of Euies.
the Resident-General, from time to time to make rules to provide

for any of the following matters : —

(a) Regulating the fares to be paid for the use of cargo and

passenger boats in the tidal waters of the State ;

(b) The management of passenger, cargo, and fishing boats

within such waters ; the mode of licensing such boats,
and the suspension of licenses therefor ; the inspection
of such boats ; the number of passengers and quantity
of cargo to be carried b}^ them ; the places where they
may be tied up, moored, or lie at anchor ; the number of
men required to work them ; the persons to be in charge
of them ; the lights to be used at night in the ports and
elsewhere in tidal waters ; the disposal of articles left in
such boats and the reporting of accidents ;

such boats and preventing the commission of offences by
persons employed in or being in such boats ;

(d) Defining and regulating the terms on which fishing may be

permitted in the tidal waters of the State and the
particular methods of fishing which may or may not be
employed, the places where fishing stakes may be erected
or nets set, the nature of the nets and stakes to be used,
the lighting of stakes at night in navigable waters, and
generally for all purposes connected with the erection,
maintenance, and working of such stakes ;

(e) Prescribing the issue of licenses to fish in such waters and

the form thereof, the term of duration of such licenses,
the fees payable in respect thereof, and the time and place
of such payment ;

Wlioare
deemed to be
owner and
manager.

Numbering
boats.

Copy of
license to
be kept in
boat.

Licenses may
be cancelled.

426

LIGHTS AND SMALL SHIPPING.

Penalty for
rcfusinp; to let
boats for hire.

Methods of
fishing.

Removal of
fishing stakes
and nets.

Penalty.

Exemption of
certain fishing.

Power to
compound
certain
oflFences.

E. 6 of 1919.

(/) Altering, adding to. or ro.scinding any of the forms contained
in the schedules and sul)stitiiting others therefor.

(ii) All rules made und(T this section shall come into force upon
publication in the Cazcltc and any person offending against the
provisions of any such rule shall be liable on conviction to a fine not
exceeding one hundred dollars, and all nets, stakes, or other imy)le-
ments used in contravention of the provisions of any such rule shall
be liable to be forfeited and destroyed.

29. Every person refusing without reasonable excuse to let for
hire his cargo or passenger boat licensed under this Enactment on
tender of the amount of hire fixed from time to time by any rule in
that behalf shall be liable on conviction to a line not exceeding
twenty-five dollars,

30. No person shall use any other method of fishing in tidal waters
than such as may be from time to time authorized by rules made
under Section 28.

31. (i) The owner of any fishing stakes or floating nets which are
out of repair or out of use shall, on being served with a notice from
the Conservator of the port requiring their removal, remove the
whole of them within fifteen days from the service of the notice.

(ii) No person shall remove or alter the position of any fishing
stake or floating net without authority to do so from the Conservator.

(iii) When any fishing stake is temporarily removed, in whole or
in part, the owner shall maintain on the spot as long as the license is
in force a board bearing the number fixed by the Conservator
elevated at least six feet above high water mark.

32. Any person committing any breach of any of the provisions of
the last two preceding sections shall be liable upon conviction to a
fine not exceeding fifty dollars.

33. Fishing on a small scale for personal consumption and not for
sale is exempt from the provisions of this Enactment.

33a. (i) The Resident may, with the approval of the Chief
Secretary to Government, by notification in the Gazette, empower the
Conservator of the port or any other public officer, either by name or
by virtue of his office, to accept from any person against whom a
reasonable suspicion exists that he has been guilty of any act or
omission punishable under Section 19, Section 23, Section 26, Section
28, Section 29, or Section 32, or under such of the said sections as may
be specified in the notification, a sum of money not exceeding ten
dollars by Avay of compensation for such suspected act or omission,
and all sums so received by any such officer shall be credited to the
public revenue.

(ii) On the payment of such sum of money to such officer the
suspected person if in custody shall be discharged and no further
proceedings shall be taken against such person in respect of the
suspected act or omission.

(iii) Any power vested in any officer by a notification under
sub-section (i) may at any time be withdrawn by the Resident, with

LIGHTS AND SMALL SHIPPING.

427

the approval of the Chief Secretary to Government, by notification
in the Gazette.

34. (i) If the master of any shi]) shall attem])t to leave any port Power to
of the State while carrying on board such shij) passengers of any 'i®'-*'" **»?•
description in excess of the number authorized by his ship's certificate

or otherwise in contravention thereof, it shall be la\Aiul for the
Conservator of the port to detain such ship until the provisions of
the ship's certificate shall be complied Avith.

(ii) Nothing in this section shall exempt the said master from
prosecution under any law in force for the time being.

35. The Resident may from time to time, with the approval of Power to rary
the Resident General, b}^ notification in the Gazette reduce any tolls Ig^^*"'^

or fees payable under this Enactment, cither generally or in respect
of any particular class of persons, ships, or boats, and again raise the
same to any amount not exceeding the amounts specified in this
Enactment.

36. (i) No action shall be brought against any person for anything Protection of
done or bond fide intended to be done in the exercise or supposed °®^'^'^-
exercise of the powers given by this Enactment, or by any rules

made thereunder —

(rt) Without giving to such person one month's previous notice
in writing of the intended action and of the cause thereof ;

{h) After the expiration of three months from the date of the
accrual of the cause of action ;

(ii) In every action so brought it shall be expressly alleged that
the* defendant acted either maliciously or negligently and Adthout
reasonable or probable cause, and if, at the trial, the plaintiff shall
fail to prove such allegation judgment shall be given for the
defendant.

(iii) Though judgment be given for the plaintiff in any such action,
such plaintiff shall not have costs against the defendant unless the
magistrate before whom the action is tried shall certify his approba-
tion of the action.

Schedule I.
ENACTMENTS REPEALED.

Number.

Short title.

Extent of
repeal.

Perak :

E. 21 of 1899

Lights and Registration of
Small Shipping Enact-

The whole

Selangor :

ment, 1899

E. 27 of 1899

Do.

Negri Sembilan :

E. 26 of 1899

Do.

428

LIGHTS AND SMALL SHIPPING.

Kxtent of

Number.

Short title.

repeal.

Paliang :

0. in C. No. 5

Prcv(Mitinf]; Masters of Ves-

1890

sels from carrying more
Passengers than is sanc-
tioned by their Vessel's

License . .

The whole

0. in C. No. 1

Boat Passes in the Coast

1891

District . .

Do.

Enactment 1 of 1898

Harbours Enactment, 1898

Section 100')

Enactment 14

Lights and Registration of

The whole

1900

Small Shipping Enact-
ment, 1900

Schedule II.

LIST OF LIGHT-HOUSES AND LIGHTS.
Perak.

Tanjong Kran Light-house

Teluk Anson Harbour Light

Bagan Datoh (Kuala Perak)

Denison Light

Pulau Katak

Bagan Pasir (Kuala Bemam)

Kuala Kurau Bar

,, Jetty

Bagan Serai ,,
Parit Buntar ,,
Three Harbour Lights, Port

Weld

Kuala Sapetang Beacon
Tanjong Krang ,,

Tanjong Karang
Tanjong Kramat
Kuala Selangor
Pasir Penambang

Port Dickson

Kuala Pahang

Selangor.

Pulau Angsa
Klang Straits
Kuala Jugra
Kuala Sepang

Negri Semhilan.

I Harbour Light

Pahang.

I Kuala Kuantan

Schedule III.

LIGHT DUES.

If the voyage be one in the ordinary course [ At the rate
w hereof the ship would pass any three of the lights I of five for every
maintained by the Governments of the Federated \ ton of her
Malay States . . . . . . . . . . ' burden.

If the voyage be one in the ordinary course C At the rate
whereof the ship would pass any one or two, but | of five for every
no more, of the lights maintained by the Govern- j ton of her
ments of the Federated Malay States . . . . I burden.

LIGHTS AND SMALL SHIPPING.

429

Provided that no ship shall be required to pay during any one
calendar month more than twenty cents per ton of her burden for
Light Dues under this Enactment.

Schedule IV.
STATE OF SELANGOR.

JUNK

LICENSE NO.

TONGKANG

(Issued under " The Lights and Small Shipping Enactment, 1902.")

O tUD

Particulars of Junk or

Tongkang.

•9f„

B
a
'A

g
■gfe

oO
§5

OH O'

a! Pi

12;

!2i

i-i

!z;

Term of License
Fee Received $

Conservator of the Port.

Schedule V.
BOND.

" The Lights and Small Shipping Enactment, 1902."
State of .

Know all men by these presents that we
of and of

are held and firmly bound to the Resident of in the

sum of dollars to be paid to the Resident of

for which payment well and truly to be made we jointly

and severally bind ourselves and each and every one of us and our
heirs, executors, and administrators firmly by these presents.

Sealed with our seals. Dated this day of 190 .

Whereas by the above-mentioned Enactment it was enacted
that it should be lawful for the Conservator of the port in such
cases as he should think fit to grant to any owner of any junk or
tongkang a license authorizing such junk or tongkang to ply between
the State and neighbouring ports during such period and
subject to such conditions as the Resident ma}^ determine and it
was thereby provided that no such license should be granted unless
the intended licensee should enter into a bond, together with one
or more sureties resident in the State and to be approved of by
the District Officer conditioned in any sum not exceeding one
thousand dollars for the observance of the conditions of such
license ; and whereas the above-named has

430

LIGHTS AND SMALL SHIPPING.

applied for such license as aforesaid in respect of the junk (or
tongkang) hereinafter mentioned :

Now the condition of the above-written bond is such that if the
said shall well and truly observe and perform

all and singular the conditions endorsed upon or contained in the
license to be granted to him the said in

respect of the junk (or tongkang) called the and

which said license is intended to be numbered then the

above-written bond is to be void, otherwise to remain in full force
and effect.

Signed and sealed and delivered by the above bounden

and in the

presence of

Schedule VI.
State of

Magistrate.

PASSENGER BOAT LICENSE NO

(Issued under " The Lights and Small Shipping Enactment, 1902.")

"S,:

So.

MH CD
°«

«M to

.14

|Z1

!2i

W -r

Fee Received

Conservator of the Port.

State of .

CARGO BOAT LICENSE NO

(Issued under " The Lights and Small Shipping Enactment, 1902.")

^"^3

Wfc,

M-i

«M

-^ P^

° u

'^S

°3~ ^

CD S

0.3 m"-

,■

•M fcO

c«

c«
u

|2i

;z;

l?i

Fee Received

Conservator of the Port.

LIGHTS AND SMALL SHIPPING.
State of .

431

FISHING BOAT LICENSE NO

(Issued under " The Lights and Small Shipping Enactment, 1902.")

o .

^ tc

o to

o
d

■zt

6-°

.'^

•^

12;

|2i

Fee Received

Conservator of the Port.

PKEVENTION OF CRIMES.

Selangor.

Negri Sembilan.

rahan?.

E. 3 of 1903

E. 9 of 1903

E. 4 of 1903

27.1.1903

13.1.1903

5.4.1903

The Perak Enactment 2 of 1903 as amended by Pk. E. 2 of 1919 ia printed
in Part II,

An Enactment to enable the Resident to employ special
means for the Prevention of Crime in particular
places within the State.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

Short title.

1. This Enactment mav be cited as
Enactment, 1903."

The Prevention of Crimes

Power to

Resident to put
Enactment in
force.

Penalties for not
carrying a light
and for loiter-
ing abroad at
night.

Penalties for
carrying
dangerous
weapons.

2. Whenever it appears to the Resident that it is expedient that
for the prevention of crime this Enactment should be put in force
in any part of the State, it shall be lawful for him by proclamation
to order that this Enactment shall be put in force in such district,
town, part of a town, or other place as may be defined in such
proclamation, and every such proclamation shall remain in force
until annulled by a subsequent proclamation.

3. In every place in which this Enactment is in force :

(i) Everj^ person shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding ten dollars or to imprisonment
for a term not exceeding one month or to both who — -

(a) Is found abroad between the hours of 9 p.m. and 5 a.m.
not carrying or being attended by a person carrying a
lighted lantern or other light sufficient to indicate his
presence ;

(h) Is found loitering abroad or in the grounds or compound
attached to any dwelling house (not being his own place
of residence or one which he has the permission of the
owner or occupier to enter) between the hours aforesaid
and is unable to give a satisfactory account of himself.

(ii) Every person shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding one hundred dollars or to
imprisonment for a term not exceeding six months or to both who
is found abroad in possession of any gun, pistol, hanger, cutlass,
kris, bludgeon, or other offensive weapon without lawful excuse, the
proof of which excuse shall rest with such person.

432

PREVENTION OF CRIMES. 433

(iii) It shall be lawful for any police officer — rowers of search

and arrest.

(a) To search any person suspected of committing an offence
against the last sub-section.

(6) To arrest without warrant any person offending against
any of the provisions of this Enactment.

4. It shall be lawful for the Chief Police Officer by writing under Power to chief
his hand to exempt any person residing in any place in which this exempt^persons
Enactment is in force from the provisions of this Enactment. He from the
shall report ever}^ such exemption without delay to the District this Enactment.
Officer and may at any time withdraw any such exemption giving
immediate notice of such withdrawal to the person affected thereby

and also to the District Officer.

5. The expression '"Chief Police Officer" in the last preceding interpretation.
section means the police officer of highest rank next after the
Commissioner available for duty at any time in the State.

1—28

DEPARTMENTAL FINES.

Perak.

Selangor.

Negri Sembilan.

Pahang.

E. 5 of 1903

E. 11 of 1903

E. 2 of 1903

11.4.1903

18.3.1903

5.3.1903

5.4.1903

8.5.1903

3.4.1903

13.3.1903

1.5.1903

An Enactment to enable authority to be given to the
Heads of Departments to inflict Fines upon Subordi-
nate Officers in certain cases.

Short title,
commence-
ment, and
repeal.

Eesident-
Qeneral may
give authority
to inflict iines.

Payment of
fines.

Monthly return
of fines.

It is hereby enacted by His Higlmess the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as " The Departmental
Fines Enactment, 1903," and shall come into force upon the publica-
tion thereof in the Gazette.

(ii) Upon the coming into force of this Enactment the Enactment
specified in the schedule hereto shall be repealed to the extent
mentioned in the third column of the said schedule.

2. After the coming into force of this Enactment it shall be
lawful for the Resident-General, in the case of Federal Departments,
and for the Resident, with the approval of the Resident-General,
in the case of other Government Departments, from time to time,
by notification in the Gazette, to authorize the Head of any such
DejDartment to inflict fines for neglect of duty upon any employe
of his Department whose salary does not exceed one hundred
dollars per mensem. Such notification shall sj)ecify in the case
of each Department the offences for which such fines may be
inflicted, and shall prescribe the maximum fine which may be
inflicted for each such offence. Provided that in no case shall the
fines so inflicted in any one month exceed 20 per cent, of the salary
of the employe fined.

3. Fines inflicted under the provisions of this Enactment shall
be deducted from the monthly payments of salary due to the
employe fined, and shall be paid into the Government Treasury
to the credit of the departmental fine funds or otherwise as the
Resident-General, in the case of Federal Departments, and the
Resident, in the case of other Departments, may direct.

4. A monthly return shall be made to the Resident-General, in
the case of Federal Departments, and to the Resident, in the case
of other Departments, by every Head of Department authorized
under this Enactment, showing what fines, if any, have been
inflicted during the previous month in his Department, and the
accounts, if any, to which they have been credited.

434

DEPARTMENTAL FINES.

435

The Schedule.
ENACTMENT REPEALED.

Number.

Pk. : No. 11 of 1901
Sel. : No. 14 of 1901
N.S. : No. 20 of 1901
Pg. : No. 3 of 1902

Short title.

The Departmental Fines
Enactment, 1901 "

The Departmental Fines
Enactment, 1902 "

Extent of
repeal.

The whole

SPECIFIC RELIIilF.

Perak.
E. 10 of 1903
1G.G.1903
1.9.1903

Selangor.
E. 9 of 1903
27.5.1903
1.8.1903

Negri Sembilan.
E. U) of 1903
8.6.1903
1.7.1903

Tahang.
E. 10 of 1903
9. G. 1903
1.10.1903

as amended by Fed. E. 17 of 1912.

An Enactment to define and amend the law relating to
certain kinds of Specific Relief.

Whereas it is expedient to define and amend the law relating to
certain kinds of specific relief obtainable in civil suits : It is hereby
enacted as follows : —

Short title.

Commence-
ment.

Interpretation
clause.

PART I.
PRELIMINARY.

1. This Enactment may be cited as " The Specific Relief Enact-
ment, 1903."

2. This Enactment shall come into force upon a date to be fixed
by the Resident by notification in the Gazette.

3. In this Enactment, unless there be something repugnant in
the subject or context —

" Obligation " includes every duty enforceable by law ;

" Trust " includes every species of express, implied, or constructive
fiduciary ownershij:) ;

" Trustee " includes every person holding, expressly, by implica-
tion or constructively, a fiduciary character.

Illustrations.

(a) Z bequeaths land to A, " not doubting that he will pay thereout an
annuity of $1,000 to B for his life." A accepts the bequest. A is a trustee,
within the meaning of this Enactment, for B, to the extent of the annuity.

(6) A is the legal, medical, or spiritual adviser of B. By availing himself
of his situation as such adviser, A gains some pecuniary advantage which
might otherwise have accrued to B. A is a trustee for B, within the meaning
of this Enactment, of such advantage.

(c) A, being B's banker, discloses, for his own purpose, the state of B's
account. A is a trustee, within the meaning of this Enactment, for B, of the
benefit gained by him by means of such disclosure.

(d) A, the mortgagee of certain leaseholds, renews the lease in his own
name. A is a trustee, within the meaning of this Enactment, of the renewed
lease, for those interested in the original lease.

(e) A, one of several partners, is employed to purchase goods for the firm.
A, unknown to his co-partners, supplies them, at the market-price, with
goods previously bought by himself when the price was lower, and thus
makes a considerable profit. A is a trustee, for his co-partners, within the
meaning of this Enactment, of the profit so made.

436

SPECIFIC RELIEF. 437

(/) A, tlie manager of B's indigo-factory, becomes agent for C, a vendor
of indigo-seed, and receives, without B's assent, commission on the seed
purchased from C for the factory. A is a trustee, within the meaning of
this Enactment, for B, of the commission so received,

(g) A buys certain land with notice that B has already contracted to buy
it. A is a trustee, within the meaning of this Enactment, for B, of the land
so bought.

(h) A buys land from B, having notice that C is in occupation of the land.
A omits to make any enquiry as to the nature of C's interest therein. A is
a trustee, within the meaning of this Enactment, for C, to the extent of that
interest.

" Settlement " mecans any instrument (other than a will or
codicil) whereby the destination or devolution of successive interests
in movable or immovable property is disposed of or is agreed to
be disposed of ;

And all words occurring in this Enactment, which are defined in words defined
the Contract Enactment, 1899, ^ shall be deemed to have the Enactlne^nt.
meanings respectively assigned to them by that Enactment.

4. Except where it is herein otherwise expressly enacted, nothing Savings.
in this Enactment shall be deemed —

(a) To give any right to relief in respect of any agreement

which is not a contract ;

(b) To deprive any person of any right to relief, other than

specific performance, which he may have under any
contract ; or

6. Specific relief is given — specific relief

„ . 1 1 1 • • ^'^'^ given.

(a) By taking possession of certani property and delivernig

it to a claimant ;
{b) By ordering a party to do the very act which he is under

an obligation to do ;

under an obligation not to do ;

(d) By determining and declaring the rights of parties

otherwise than by an award of compensation ; or

(e) By appointing a receiver.

6. Specific relief granted under clause (c) of Section 5 is called fjjfjj^'''''''^
preventive relief.

7. Specific relief cannot be granted for the mere purpose of ^j.^'^^^^^^"^
enforcing a penal law. enforce penal

law.

• PART II.
OF SPECIFIC RELIEF.

Chapter I.
OF RECOVERING POSSESSION OF PROPERTY.

(a) Possession of Immovable Property.

8. A person entitled to the possession of specific immovable Recovery of

i •, • .1 -1 J i_ ii, n- •! specific immov

property may recover it in the manner prescribed by the Uvil able property.
Procedure Code.

1 Perak and Pahang, 1900.

438

SPECIFIC RELIEF.

Suit by person
dispossessed of
immovable
property.

9. (i) If any person is dispossessed without his consent of
immovable property otherwise than in due course of law, he or any
person claiminfi; through iiim may, by suit, recover possession thereof,
notwithstanding any other title that may be set up in such suit.

(ii) Nothing in this section shall bar any person from suing to
establish his title to such property and to recover possession thereof.

(iii) No suit under this section shall be brought against the State.

(iv) No appeal shall lie from any order or decree passed in any
suit instituted under this section, nor shall any review of any such
order or decree be allowed.

Kecovery of
speciflc mov-
able property.

Liability of
person in
possession,
not as owner,
to deliver to
person entitled
to immediate
possession.

(h) Possession of Movable Property.

10. A person entitled to the possession of specific movable
property may recover the same in the manner prescribed by the
Civil Procedure Code.

Explanation 1. — A trustee may sue under this section for the possession
of property to the beneficial interest in which the person for whom he is trustee
is entitled.

Explanation 2. — A special or temporary right to the present possession
of property is sufficient to support a suit under this section.

Illustrations.

(a) A bequeaths land to B for his life, with remainder to C. A dies. B
enters on the land, but C, without B's consent, obtains possession of the title-
deeds. ' B may recover them from C.

(b) A pledges certain jewels to B to secure a loan. B disposes of them before
he is entitled to do so. A, without having paid or tendered the amount of
the loan, sues B for possession of the jewels. The suit should be dismissed,
as A is not entitled to their possession, whatever right he may have to secure
their safe custody.

(c) A receives a letter addressed to him by B. B gets back the letter
without A's consent. A has such a property therein as entitles him to
recover it from B.

(d) A deposits books and papers for safe custody with B. B loses them
and C finds them, but refuses to deliver them to B when demanded. B may
recover them from C, subject to C's right, if any, under Section 168 of the
Contract Enactment, 1899.i

(e) A, a warehouse- keeper, is charged with the delivery of certain goods
to Z, which B takes out of A's possession. A may svie B for the goods.

11. Any person having the possession or control of a particular
article of movable property, of which he is not the owner, may be
compelled specifically to deliver it to the person entitled to its
immediate possession, in any of the folloAving cases :—

(a) When the thing claimed is held by the defendant as the

agent or trustee of the claimant ;

(b) When compensation in money would not afford the

claimant adequate relief for the loss of the thing
claimed ;

actual damage caused by its loss ;

{d) When the possession of the thing claimed has been
wrongfully transferred from the claimant.

1 Perak and Pahang, 1900.

SPECIFIC RELIEF. 439

Illusteations —
of clause (o) —
A, proceeding to Europe, leaves his furniture in charge of B as his agent
during his absence. B, without A's authority, pledges the fiirniture to C,
and C, knowing that B had no right to pledge the furniture, advertises it
for sale. C may be compelled to deliver the furniture to A, for he holds it
as A's trustee.

of clause (b) —
Z has got possession of an idol belonging to A's family, and of which A
is the proper custodian. Z may be compelled to deliver the idol to A.

of clause (c) —
A is entitled to a picture by a dead painter and a pair of rare China vases.
B has possession of them. The articles are of too special a character to bear
an ascertainable market-value. B may be compelled to deliver them to A.

CHAPTER II.

OF THE SPECIFIC PERFORMANCE OF CONTRACTS.

(a) Contracts which may be specifically enforced.
12. Except as otherwise provided in this Chapter, the specific cases in which
performance of any contract may, in the discretion of the Court, be foraancr"^'

enforced — enforceable,

(rt) When the act agreed to be done is in the performance,
wholly or partly, of a trust ;

(6) When there exists no standard for ascertaining the
actual damage caused by the non-performance of the
act agreed to be done ;

(c) When the act agreed to be done is such that pecuniary
compensation for its non-performance would not
afford adequate relief ; or

((Z) When it is probable that pecuniary compensation
cannot be got for the non-performance of the act
agreed to be done.

Explanation. — Unless and imtil the contrary is proved, the Court shall
presume that the breach of a contract to transfer immovable property cannot
be adequately relieved by compensation in money, and that the breach of
a contract to transfer movable property can be thus relieved.

Illustrations —
of clause (a) —
A holds certain stock in trust for B. A wrongfully disposes of the stock.
The law creates an obligation on A to restore the same quantity of stock to
B, and B may enforce specific performance of this obligation.

of clause (6) —

A agrees to buy, and B agrees to sell, a picture by a dead painter and two
rare China vases. A may compel B specifically to perform this contract,
for there is no standard for ascertaining the actual damage which would
be caused by its non-performance.

of clavise (c) —

A contracts with B to sell him a house for $1,000. B is entitled to a decree
directing A to convey the house to him, he paying the purchase-money.

In consideration of being released from certain obligations imposed on
it by its Act of Incorporation, a railway company contract with Z to make

440

SPECIFIC RELIEF.

Contracts of
which the
subject has
partially ceased
to exist.

Specific per-
formance of
part of contract
where part
unperformed is
small.

an archway Ihrouph thoir railway to connect lands of Z severed by lli(> rail-
way, to construct a roatl between certain specified points, to pay a certain
annual sum towards the maintenance of tliis road, and also to construct a
siding and a wharf as specified in the contract. Z is entitled to have tliis
contract specifically enforced, for his interest in its fierformanco cannot
be adecpiately compensateil for by money ; and the Court may appoint a
pro])er ])erson to superintend the construction of the archway, roacl, siding,
and wharf.

A contracts to sell, and B contracts to buy, a ceriain number of railway-
shares of a particular description. A refuses to complete the sale. B may
(■omj)el A 8j)ecifically to ]>erforjn this agreement, for the shares are limited
in number and not always to be had in the market, and their possession carries
with it the status of a shareholder, whicli carmot otherwise be procured.

A contracts with B to paint a picture for B, who agrees to pay therefor
SI, 000. The picture is painted. B is entitled to have it delivered to him
on payment or tender of the .SI, 000.

of clause (d) —

A transfers witliout endorsement, but for valuable consideration, a promis-
sory note to B. A becomes insolvent, and C is appointed his assignee. B
may compel C to endorse the note, for C has succeeded to A's liabilities
and a decree for pecuniary compensation for not endorsing the note would
be fruitless.

13. Notwithstanding anything contained in Section 56 of the
Contract Enactment, 1899, ^ a contract is not wholly impossible of
performance because a portion of its subject-matter, existing at its
date, has ceased to exist at the time of the performance.

Illustrations.

(a) A contracts to sell a house to B for .$10,000. The day after the con-
tract is made, the house is destroyed by a cyclone. B may be compelled to
perform his part of the contract by paying the purchase-money.

(b) In consideration of a sum of money payable by B, A contracts to grant
an annuity to B for B's life. The day after the contract has been made,
B is thrown from his horse and killed. B's representative may be compelled
to pay the purchase-money.

14. Where a party to a contract is unable to perform the whole of
his part of it, but the part which must be left unperformed bears
only a small proportion to the whole in value, and admits of compen-
sation in money, the Court may, at the suit of either party, direct the
specific performance of so much of the contract as can be performed,
and award compensation in money for the deficiency.

Illustrations.

(a) A contracts to sell to B a piece of land consisting of 100 acres. It turns
out that 98 acres of the land belong to A, and the two remaining acres to
a stranger, who refuses to part with them. The two acres are not necessary
for the use or enjoyment of the 98 acres, nor so important for such use or
enjoyment that the loss of them may not be made good in money. A may
be directed, at the suit of B, to convey to B the 98 acres and to make compensa-
tion to him for not conveying the two remaining acres ; or B may be directed,
at the suit of A, to pay to A, on receiving the conveyance and possession
of the land, the stipulated purchase-money, less a sum awarded as compensa-
tion for the deficiency.

(6) In a contract for the sale and purchase of a house and lands for $20,000,
it is agreed that part of the furniture should be taken at a valuation. The
Court may direct specific performance of the contract notwithstanding the
parties are unable to agree as to the valuation of the furniture, and may either
have the furniture valued in the suit and include it in the decree for specific
performance, or may confine its decree to the house.

1 Perak and Pahang, 1900.

SPECIFIC RELIEF. 441

15. Whore a party to a contract is unable to perform the whole Speoifioper-
of his ])art of it, and the part which must be left unperformed forms |>a7fcofcontract
a considerable portion of the whole, or does not admit of compensa- ^^|^fe part un-
tion in money, he is not entitled to obtain a decree for specific large.
performance. But the Court may, at the suit of the other party,

direct the party in default to perform specifically so much of his part
of the contract as he can perform, provided that the ])laintiff
relinquishes all claim to further performance, and all right to com-
pensation either for the deficiency, or for the loss or damage sustained
by him through the default of the defendant.

Illustrations.

(a) A contracts to sell to B a piece of land consisting of 100 acres. It turns
out that 50 acres of the land belong to A, and the other 50 acres to a stranger,
who refuses to part with them. A cannot obtain a decree against B for the
specific performance of the contract ; but if B is willing to pay the price
agreed upon, and to take the 50 acres which belong to A, waiving all right
to compensation either for the deficiency or for loss sustained by him through
A's neglect or default, B is entitled to a decree directing A to convey those
50 acres to him on payment of the purchase-money.

(6) A contracts to sell to B an estate with a house and garden for $10,000.
The garden is iiuportant for the enjoyment of the house. It turns out that
A is unable to convey the garden. A cannot obtain a decree against B for
the specific performance of the contract ; but if B is willing to pay the price
agreed upon, and to take the estate and house without the garden, waiving
all right to compensation either for the deficiency or for loss sustained by
him through A's neglect or default, B is entitled to a decree directing A to
convey the house to him on payment of the purchase-money.

16. When a part of a contract which, taken by itself, can and specific per-
ought to be specifically performed, stands on a separate and indepen- independent
dent footing from another part of the same contract which cannot part of contract.
or ought not to be specifically performed, the Court may direct

specific performance of the former part.

17. The Court shall not direct the specific performance of a part Bar in otiier
of a contract except in cases coming under one or other of the three performance of
last preceding sections. part of contract.

18. Where a person contracts to sell or let certain property, ^"^tg^^'^ -^
having only an imperfect title thereto, the purchaser or lessee (except vendor ^th
as otherwise provided by this chapter) has the following rights : — imperfect title.

(a) If the vendor or lessor has subsequently to the sale or
lease acquired any interest in the property, the
purchaser or lessee may compel him to make good
the contract out of such interest ;

(6) Where the concurrence of other persons is necessary to
validate the title, and they are bound to convey at
the vendor's or lessor's request, the purchaser or
lessee may compel him to procure such concurrence ;

(c) Where the vendor professes to sell unincumbered
property, but the property is mortgaged for an
amount not exceeding the purchase-money, and
the vendor has in fact only a right to redeem it, the
purchaser may compel him to redeem the mortgage
and to obtain a conveyance from the mortgagee ;

442

SPECIFIC RELIEF.

Power to award
compensation in
certain cases.

Liquidation
of damages
not a bar to
Bpecific per-
formance.

(d) Where the vendor or lessor sues for specific performance
of the contract, and the suit is dismissed on the
ground of his imj)erfect title, the defendant has
a right to a return of his deposit (if any) with
interest thereon, to his costs of the suit, and to a lien
for such deposit, interest, and cost on the interest of
the vendor or lessor in the property agreed to be
sold or let.

19. (i) Any person suing for the specific performance of a contract
may also ask for compensation for its breach, either in addition to,
or in substitution for, such performance.

(11) If in anj'^ such suit the Court decides that si)ecific performance
ought not to be granted, but that there is a contract between the
parties which has been broken by the defendant and that the plaintiff
is entitled to compensation for that breach, it shall award him
compensation accordingly.

(iii) If in any such suit the Court decides that specific performance
ought to be granted, but that it is not sufficient to satisfy the justice
of the case, and that some compensation for breach of the contract
should also be made to the plaintiff, it shall award him such com-
pensation accordingly.

(iv) Compensation awarded under this section may be assessed in
such manner as the Court may direct.

Explanation. — The circumstance that the contract has become incapable
of specific performance does not preclude the Court from exercising the
jurisdiction conferred by this section.

Illusteations —
of the second paragraph —

A contracts to sell a hundred gantangs of rice to B. B brings a suit to
compel A to perform the contract or to pay compensation. The Court is
of opinion that A has made a valid contract and has broken it, without
excuse, to the injury of B, but that specific performance is not the proper
remedy. It shall award to B such compensation as it deems just,
of the third paragraph —

A contracts with B to sell him a house for $1,000, the price to bo paid
and the possession given on the 1st January, 1897. A fails to perform his
part of the contract, and B brings his suit for specific performance and com-
pensation, which is decided in his favour on the 1st January, 1898. The
decree may, besides ordering specific performance, award to B comjsensation
for any loss which he has sustained by A's refusal,
of the Explanation —

A, a purchaser, sues B, his vendor, for specific performance of a contract
for the sale of a patent. Before the hearing of the suit the patent expires.
The Court may award A compensation for the non-performance of the
contract, and may, if necessary, amend the plaint for that purpose.

A sues for the specific performance of a resolution passed by the Directors
of a public company, under which he was entitled to have a certain UTomber
of shares allotted to him, and for compensation for the non-performance of
the resolution. All the shares had been allotted before the institution of
the suit. The Court may, under this section, award A compensation for
the non-performance.

20. A contract, otherwise proper to be specifically enforced, may
be thus enforced, though a sum be named in it as the amount to be
paid in case of its breach, and the party in default is willing to
pay the same.

SPECIFIC RELIEF. 443

Illustration.

A contracts to grant B an under-lease of property held by A under C,
and that he will apply to C for a license necessary to the validity of the under-
lease, and that, if tlie license is not procured, A will pay B 810,000. A refuses
to apply for the license and offers to pay B the .$10,000. B is nevertheless
entitled to have the contract specifically enforced if C consents to give the
license.

(6) Contracts which cannot he specifically enforced.
21. The following contracts cannot be specifically enforced : — specm^cW^

(a) A contract for the non-performance of which com- ^'^°''^®* ^•

pensation in money is an adequate relief ;

(b) A contract which runs into such minute or numerous

details, or which is so dependent on the personal
qualifications or volition of the parties, or otherwise
from its nature is such, that the Court cannot enforce
specific performance of its material terms ;

with reasonable certainty ;

(d) A contract which is in its nature revocable ;

(e) A contract made by trustees either in excess of their

powers or in breach of their trust ;

(/) A contract made by or on behalf of a corporation or
public company created for special purposes, or by
the promoters of such company, which is in excess
of its powers ;

(g) A contract the performance of which involves the
performance of a continuous duty extending over^
longer period than three years from its date ;

(h) A contract of which a material part of the subject-
matter, supposed by both parties to exist, has, before
it has been made, ceased to exist.
And, save as provided by the Civil Procedure Code, no contract
to refer a controversy to arbitration shall be specifically enforced, e. i7ofi9i2.

Illustrations —
to (a) —

A contracts to sell, and B contracts to buy, $10,000 in the four per cent,
loan of the Singapore Municipality ;

A contracts to sell, and B contracts to buy, 40 pikuls of coffee at $30 per
pikul ;

In consideration of certain property having been transferred by A to B,
B contracts to open a credit in A's favour to the extent of §10,000, and to
honour A's drafts to that amount ;

The above contracts cannot be specifically enforced, for in the first and
second both A and B, and in the third A, would be reimbursed by compensa-
tion in money.

to (6)—

A contracts to render personal service to B :

A contracts to employ B on personal service :

A, an author, contracts with B, a pviblisher, to complete a literary work :

B cannot enforce specific performance of these contracts.

A contracts to buy B's business at the amount of a valuation to be made

444 SPECIFIC RELIEF.

l)y two valuers, ono to bo named by A and tlic other by B. A and B each
name a vahior, but before the valuation is made A instructs his valuer not
to ])rocoed :

By a chart er-i)arty entered into in Telok Anson between A, the owner
of a ship, and B, the charterer, it is agreed that the ship shall proceed to
llanpoon, and there load a cargo of rice, and thence proceed to London,
freight to be paid, one-third on arrival at Rangoon, and two-thirds on delivery
of the cargo in London :

A lets land to B, and B contracts to cultivate it in a particular manner
for three years next after the date of the lease :

A and B contract that, in considc^ration of annual advances to be made
by A, B will, for three years next after the date of the contract , grow particular
crops on the land in his possession and deliver them to A when cut and ready
for delivery :

A contracts with B that, in consideration of §1,000 to be paid to him by
B, he will paint a picture for B :

A contracts with B to execute certain works which the Court cannot super-
intend :

A contracts to supply B with all the goods of a certain class which B may
require :

A contracts with B to take from B a lease of a certain house for a specified
term, at a specified rent, " if the drawing-room is handsomely decorated,"
even if it is lield to have so much certainty that compensation can be recovered
for its breach :

A contracts to marry B :

The above contracts cannot be specifically enforced.

to (c)—

A, the owner of a refreshment-room, contracts with B to give him accom-
modation there for the sale of his goods and to furnish him wiili the necessary
appliances. A refuses to perform his contract. The case is one for compen-
sation and not for specific performance, the amount and nature of the
accommodation and appliances being undefined.

to (d)—
A and B contract to become partners in a certain business, the contract
not specifying the duration of the proposed partnership. This contract
cannot be specifically performed, for, if it were so performed, either A or B
might at once dissolve the partnership.

to (e)—

A is a trustee of land with power to lease it for seven years. He enters
into a contract with B to grant a lease of the land for seven years, with a
covenant to renew the lease at the expiry of the term. This contract cannot
be specifically enforced.

The Directors of a company have power to sell the concern with the sanc-
tion of a general meeting of the shareholders. They contract to sell it without
any such sanction. This contract cannot be specifically enforced.

Two trustees, A and B, empowered to sell trust property worth $10,000,
contract to sell it to C for $3,000. The contract is so disadvantageous as
to be a breach of trust. C cannot enforce its specific performance.

The promoters of a company for working mines contract that the company,
when formed, shall purchase certain mineral property. They take no proper
precautions to ascertain the value of such property, and in fact agree to pay
an extravagant price therefor. They also stipvilate that the vendors shall
give them a bonus out of the purchase-money. This contract cannot be
specifically enforced.

to (/)—

A company existing for the sole purpose of making and working a railway
contracts for the purchase of a piece of land for the purpose of erecting a
cotton-mill thereon. This contract cannot be specifically enforced.

to (sr)—
A contracts to let for twenty-one years to B the right to use such part of
a certain railway made by A as was upon B's land, and that B should have

SPECIFIC RELIEF. 445

a right of running carriages over the whole line on certain terms, and might
require A to supply the necessary engine-power, and that A should during
the term keep the whole railway in good repair. Specific performance of
this contract must be refused to B.

to (^)—
A contracts to pay an annuity to B for the lives of C and D. It turns out
that, at the date of the contract, C, though supposed by A and B to be alive,
was dead. The contract cannot be specifically performed.

22. Thejurisdictionto decree specific performance is discretionary, Discretion as to
and the Court is not bound to grant such relief merely because it fic*per"onnance
is lawful to do so ; but the discretion of the Court is not arbitrary
but sound and reasonable, guided by judicial principles and capable
of correction by a Court of appeal.

The following are cases in which the Court may properly exercise
a discretion not to decree specific performance :

I. Where the circumstances under which the contract is made are
such as to give the plaintiff an unfair advantage over the defendant,
though there may be no fraud or misrepresentation on the plaintiffs
part.

Illusteations.

(a) A, a tenant for life of certain property, assigns his interest therein to
B. C contracts to buy, and B contracts to sell, that interest. Before the
contract is completed, A receives a mortal injury from the effects of which
he dies the day after the contract is executed. If B and C were equally
ignorant or equally aware of the fact, B is entitled to specific performance
of the contract. If B knew the fact, and C did not, specific performance of
the contract should be refused to B.

(b) A contracts to sell to B the interest of C in certain stock-in-trade.
It is stipulated that the sale shall stand good, even though it should turn
out that C's interest is worth nothing. In fact, the value of C's interest
depends on the result of certain partnership-accovints, on which he is heavily
in debt to his partners. This indebtedness is known to A, but not to B.
Specific performance of the contract should be refused to A.

(c) A contracts to sell, and B contracts to buy, certain land. To protect
the land froin floods, it is necessary for its owner to niaintain an expensive
embankment. B does not know of this circumstance, and A conceals it
from him. Specific performance of the contract should be refused to A.

(d) A's property is put up to auction. B requests G, A's attorney, to bid
for him. C does this inadvertently and in good faith. TheiDersons present,
seeing the Vendor's attorney bidding, think that he is a mere puffer and cease
to compete. The lot is knocked down to B at a low price. Specific per-
formance of the contract should be refused to B.

II. Where the performance of a contract would involve some
hardship on the defendant which he did not foresee, whereas its
non-performance would involve no such hardship on the plaintiff.

Illustrations.

(e) A is entitled to some land under his father's will on condition that,
if he sells it within twenty-five years, half the purchase-money shall go to B.
A, forgetting the condition, contracts before the expiration of the twenty-
five years, to sell the land to C. Here, the enforcement of the contract would
operate so harshly on A, that the Court will not compel its specific performance
in favour of C.

(/) A and B, trustees, join their beneficiary, C, in a contract to sell the
trust-estate to D, and personally agree to exonerate the estate from heavy
incumbrances to which it is subject. The purchase-money is not nearly

446 SPECIFIC RELIEF.

enough to discharge those incunil)ranoos, tlioiigli, at the date of ilie contrtict,
the vendors boUevod it to be sulliciont. Specific performance of the contract
shouhl bo refused to D.

((/) A, the owner of an estate, contracts to sell it to B, and stipulates that
he, A, shall not be obliged to define its boundary. The estate really comprises
a valuable ])roperty, not known to eit her to be ]>art of it. Specific jicrformanco
of the contract should be refused to B, unless ho waives his claim to the
unknown property.

(h) A contracts with B to sell him certain land, and to make a road to it
from a certain railway-station. It is found afterwards that A cannot make
the road without exposing himself to litigation. Specific pcM'formance of
the part of the contract relating to the road should be refused to B, even
though it may be held that ho is entitled to specific performance of the rest
with compensation for loss of the road.

(i) A, a lessee of mines, contracts with B, his lessor, that at any time during
the contmuance of the lease B may give notice of his desire to take the
machinery and plant used in and about the mines, and that he shall have the
articles specified in his notice delivered to him at a valuation on the expiry
of the lease. Such a contract might be most injurious to the lessee's business,
and specific performance of it should be refused to B.

(j) A contracts to buy certain land from B. The contract is silent as to
access to the land. No right of way to it can be shown to exist. Specific
performance of the contract should be refused to B.

(k) A contracts with B to buy from B's manufactory and not elsewhere
all the goods of a certain class used by A in his trade. The Court cannot
compel B to supply the goods, but if he does not supply them A may be ruined,
unless he is allowed to bviy them elsewhere. Specific performance of the
contract should be refused to B.

The following is a case in which the Court may properly exercise
a discretion to decree specific performance : —

III. Where the plaintiff has done substantial acts or suffered
losses in consequence of a contract capable of specific performance.

Illustration.
A sells land to a railway company, who contract to execute certain works
for his convenience. The company take the land and use it for their railway.
Specific performance of the contract to execute the works should be decreed
in favour of A.

(d) For ivhom Contracts may be specifically enforced.
Who may 23. Exccpt as othcrwisc provided for this chapter, the specific

obtain specific p j. j.j.iij_-ii

perfonnance. performance 01 a contract may be obtained by —

(a) Any party thereto ;

(b) The representative in interest, or the principal, of any

party thereto : provided that, where the learning,
skill, solvency, or any personal quality of such party
is a material ingredient in the contract, or where the
contract provides that his interest shall not be
assigned, his representative in interest or his
principal shall not be entitled to specific performance
of the contract, unless where his part thereof has
already been performed ;

compromise of doubtful rights between members
of the same family, any person beneficially entitled
thereunder ;

SPECIFIC RELIEF. 447

(d) Where the contract has been entered into by a tenant

for life in due exercise of a power, the remainderman ;

(e) A reversioner in possession, where the agreement is a

covenant entered into with his predecessor in title
and the reversioner is entitled to the benefit of such
covenant ;

(/) A reversioner in remainder, where the agreement is such
a covenant, and the reversioner is entitled to the
benefit thereof and will sustain material injury by
reason of its breach ;

(g) When a public company has entered into a contract and
subsequently becomes amalgamated with another
public company, the new company which arises out
of the amalgamation ;

(h) When the promoters of a public company have, before
its incorporation, entered into a contract for the
purposes of the company, and such contract is
warranted by the terms of the incorporation, the
company.

(e) For whom Cotitracts cannot be specifically enforced.
24. Specific performance of a contract cannot be enforced in Personal bars

re to the relief.

favour of a person —

{a) Who could not recover compensation for its breach ;

(b) Who has become incapable of performing, or violates,

any essential term of the contract that on his part
remains to be performed ;

[c] Who has already chosen his remedy and obtained

satisfaction for the alleged breach of contract ; or

{d) Who, previously to the contract, had notice that a
settlement of the subject-matter thereof (though
not founded on any valuable consideration) had
been made and was then in force.

Illustrations —
to clause (a) —
A, in the chax-actei" of agent for B, enters into an agreement with C to buy
C's house. A is in reality acting not as agent for B but on his own account.
A cannot enforce specific performance of this contract.

to clause (6) —

A contracts to sell B a house and to become tenant thereof for a term of
fourteen years from the date of the sale at a specified yearly rent. A becomes
insolvent. Neither he nor the official receiver of his estate can enforce specific
performance of the contract.

A contracts to sell B a house and garden in which there are ornamental
trees, a material element in the value of the property as a residence. A,
without B's consent, fells the trees. A cannot enforce specific performance
of the contract.

A, holding land mider a contract with B for a lease, commits waste, or
treats the land in an unhusbandlike manner. A cannot enforce specific
performance of the contract.

A contracts to let, and B contracts to take, an unfinished house, B con-
tracting to finish the house and the lease to contain covenants on the part
of A to keep the house in repair. B finishes the house in a very defective

448

SPECIFIC RELIEF.

Contracts to sell
property by one
who has no
title, or who is a
voluntary
settlor.

Non-enforce-
ment except
with variation.

mannor : lie cannot enforce the contract specifically, though A ajul B may
sue each other for compensation for breach of it.

to clause (c) —
A contracts to let, and B contracts to take, a house for a specified term
at a specified rent. B refuses to perform the contract. A thereupon sues
for, and obtains, compensation for the breach. A cannot obtain specific
performance of the contract.

25. A contract for the sale or letting of property, whether movable
or immovable, cannot be specifically enforced in favour of a vendor
or lessor —

(a) Who, knowing himself not to have any title to the
property, has contracted to sell or let the same ;

(h) Who, though he entered into the contract believing
that he had a good title to the property, cannot, at
the time fixed by the parties or by the Court for the
completion of the sale or letting, give the purchaser
or lessee a title free from reasonable doubt ;

(c) Who, previous to entering into the contract, has made
a settlement (though not founded on any valuable
consideration) of the subject-matter of the contract.

Illustbations.

(a) A, without C's authority, contracts to sell to B an estate which A
knows to belong to C. A cannot enforce specific performance of this contract,
even though C is willing to confirm it.

(b) A bequeaths his land to trustees, declaring that they may sell it with
the consent in writing of B. B gives a general prospective assent in writing
to any sale which the trustees may make. The trustees then enter into
a contract with C to sell him the land. C refuses to carry out the contract.
The trustees cannot specifically enforce this contract, as, in the absence of
B's consent to the particular sale to C, the title which they can give C is,
as the law stands, not free from reasonable doubt.

(c) A, being in possession of certain land, contracts to sell it to Z. On
enquiry it turns out that A claims the land as heir of B, who left the country
several years before, and is generally believed to be dead, but of whose death
there is no sufficient proof. A cannot compel Z specifically to perform the
contract.

(d) A, out of natural love and affection, makes a settlement of certain
property on his brothers and their issue, and afterwards enters into a contract
to sell the property to a stranger. A cannot enforce specific performance
of this contract so as to override the settlement and thus prejudice the
interests of the persons claiming under it.

(/) For ivhom Contracts cannot be specifically enforced, except with

a Variation.

26. Where a plaintiff seeks specific performance of a contract in
writing, to which the defendant sets up a variation, the plaintiff
cannot obtain the performance sought, excej)t with the variation so
set up, in the following cases (namely) : —

(a) Where by fraud or mistake of fact the contract of which
performance is sought is in terms different from that
which the defendant supposed it to be when he
entered into it ;

(/>) Where by fraud, mistake of fact, or surprise the
defendant entered into a contract under a reasonable
misapprehension as to its effect as between himself
and the plaintiff ;

SPECIFIC RELIEF. 449

and understanding its effect, has entered into it
relying upon some misrepresentation by the plaintiff,
or upon some stipulation on the plaintiff's part,
which adds to the contract, but which he refuses to
fulHl ;

(d) Where the object of the parties was to produce a certain

legal residt, wlii(di the contract as framed is not
calculated to produce ;
(p) Where the parties have, subsequently to the execution
of the contract, contracted to vary it.
Illustrations.
(a) A, B, and C sign a writing by which they purport to contract each to
enter into a bond to D for §1,000. In a suit by D, to make A, B, and C
separately liable each to the extent of $ 1,000, they prove that the word " each "
was inserted by mistake ; that the intention was that they should give a
joint bond for $1,000. D can obtain the performance sought only with the
variation thus set up.

(6) A sues B to compel specific performance of a contract in writing to
buy a dwelling-house. B proves that he assumed that the contract included
an adjoining yard, and the contract was so framed as to leave it doubtful
whether the yard was so included or not. The Court will refuse to enforce
the contract, except with the variation set up by B.

(c) A contracts in writing to let to B a wharf, together with a strip of A's
land delineated in a mai^. Before signing the contract, B proi^osed orally
that he should be at liberty to substitute for the strip mentioned in the
contract another strip of A's land of the same dimensions, and to this A
expressly assented. B then signed the written contract. A cannot obtain
specific performance of the written contract, except with the variation set
up by B.

(d) A and B enter into negotiations for the purpose of securing land to
B for his life, with remainder to his issue. They execute a contract, the
terms of which are found to confer an absolute ownership on B. The contract
so framed cannot be specifically enforced.

(e) A contracts in writing to let a house to B, for a certain term, at the rent
of $100 per month, putting it first into tenantable repair. The house turns
out to be not worth repairing, so, with B's consent, A pulls it down and erects
anew house in its place : B contracting orally to pay rent at $120 per mensem.
B then sues to enforce specific performance of the contract in writing. He
cannot enforce it except with the variations made by the subsecpient oral
contract.

{(j) Against whom Contracts may he specifically enforced.

27. Except as otherwise provided by this chapter, specific per- Relief against
formance of a contract may be enforced against — parties and per-

^ sons claiming

ia) Either party thereto ; "'\der them by

^ ' J. ./ ' subsequent

{h) Any other person claiming under him by a title arising
subsequently to the contract, except a transferee for
value who has j)aid his money in good faith and
without notice of the original contract ;

{c) Any person claiming under a title which, though
prior to the contract and known to the plaintiff,
might have been displaced by the defendant ;

{d) When a public company has entered into a contract
and subsequently becomes amalgamated with
another public company, the new company which
arises out of the amalgamation ;
1-29

title.

450

SPECIFIC RELIEF.

What parties
cannot be
compelled to
perform.

(e) When the promoters of a public company have, before
its incorporation, entered into a contract, tlie
company : provided that the company has ratified
and ad()])ted tlu; contract and the contract is
warranted by the terms of the incorporation.

Illustiiations —
to clause {b) —

A contracts to convoy certain land to B by a particular day. A dies
intestate before tliat day wit bout baving conveyed tlu; land. B may compel
A's beir or otber re])resentative in interest to perform tbe contract specifically.

A contracts to sell certain land to B for §5,000. A afterwards conveys
tbe land for .$0,000 to C, wbo bas notice of the original contract. B may
enforce specific })erformance of tbe contract as against C.

A contracts to sell land to B for $5,000. B takes possession of tbe land.
Afterwards A sells it to C for .§(5,000. C makes no enquiry of B relating to
bis interest in tbe land. B's possession is suflficient to effect C witb notice
of bis interest, and be may enforce specific jjerformance of tbe contract
against C.

A contracts, in consideration of $1,000, to bequeatb certain of his lands
to B. Immediately after tbe contract A dies intestate, and C takes out
administration to his estate. B may enforce specific performance of the
contract against C.

A contracts to sell certain land to B. Before tbe completion of tbe
contract, A becomes a lunatic and C is appointed his committee. B may
specifically enforce the contract against C.

to clause (c) —

A, the tenant for life of an estate, with remainder to B, in due exercise
of a power conferred by the settlement under which he is tenant for life,
contracts to sell the estate to C, wbo bas notice of the settlement. Before
the sale is completed A dies. C may enforce specific performance of the
contract against B.

A and B are joint tenants of land, his undivided moiety of which either
may alien in bis lifetime, but which, subject to that I'igbt, devolves on the
survivor. A contracts to sell bis moiety to C and dies. C may enforce
specific performance of tbe contract against B.

(h) Against ivhom Contracts cannot he specifically enforced.

28. Specific performance of a contract cannot be enforced against
a party thereto in an}^ of the following cases : —

(a) If the consideration to be received by him is so grossly
inadequate, with reference to the state of things
existing at the date of the contract, as to be either
by itself or coupled with other circumstances
evidence of fraud or of undue advantage taken by
the plaintiff ;

{h) If his assent was obtained by the misrepresentation
(whether wilful or innocent), concealment, circum-
vention, or unfair practices, of an}- party to whom
performance would become due under the contract,
or by any promise of such party which has not been
substantially fulfilled ;

(c) If his assent was given under the influence of
mistake of fact, misapprehen,sion, or surprise :
Provided that, when the contract provides for com-
pensation in case of mistake, compensation may
be made for a mistake within the scope of such

SPECIFIC RELIEF. 451

provision, and the contract specifically enforced in
other respects if proper to be so enforced.

Illustrations —
to clause (c) —
A, one of two executors, in tlie erroneous belief that he had the authority
of his co-executor, enters into an agreement for the sale to B of his testator's
property. B cannot insist on the sale being completed.

A directs an auctioneer to sell certain land. A afterwards revokes the
auctioneer's authority as to 20 acres of this land, but the auctioneer in-
advertently sells the whole to B, who has not notice of the revocation. B cannot
enforce specific performance of the agreement.

(i) The effect of dismissing a Suit for Specific Performance.

29. The dismissal of a suit for specific performance of a contract Bar of suit for
or part thereof shall bar the plaintiff's right to sue for compensation
for the breach of such contract or part, as the case may be.

(j) Awards and Directions to execute Settlements .

30. The provisions of this chapter as to contracts shall, mutatis Application of
mutandis, apply to awards and to directions in a will or codicil to ^ections"to
execute a particular settlement. awards and

testamentary
directions to
execute

Chapter III. settlements.

OF THE RECTIFICATION OF INSTRUMENTS.

31. When, through fraud or a mutual mistake of the parties, a when instru-
ment may *" "
rectified.

breach after dis-
missal.

contract or other instrument in writing does not truly express their '"*^"* ™^-^ ''"

intention, either party, or his representative in interest, may institute
a suit to have the instrument rectified : and if the Court find it
clearly proved that there has been fraud or mistake in framing the
instrument, and ascertain the real intention of the parties in execut-
ing the same, the Court may in its discretion rectify the instrument
so as to express that intention, so far as this can be done without
prejudice to rights acquired by third persons in good faith and for
value.

Illustrations.

(a) A, intending to sell to B his house and one of three godowns adjacent
to it, executes a conveyance prepared by B, in which, through B's fraud,
all three godowns are included. Of the two godowns which were fraudu-
lently included, B gives one to C and lets the other to D for a rent, neither
C nor D having any knowledge of the fraud. The conveyance may, as against
B and C, be rectified so as to exclude from it the godown given to C ; but
it cannot be rectified so as to affect D's lease.

(b) By a marriage settlement, A, the father of B, the intended wife, covenants
with C, the intended husband, to pay to C, his executors, administrators,
and assigns, during A's life, an annuity of $5,000. C dies insolvent and the
official receiver claims the annuity from A. The Court, on finding it clearly
proved that the parties always intended that this annuity should be paid
as a provision for B and her children, may rectify the settlement and decree
that the official receiver has no right to any part of the annviity.

32. For the purpose of rectifying a contract in writing, the Court presumption as
must be satisfied that all the parties thereto intended to make an pani'^"'^"^
equitable and conscientious agreement.

33. In rectifying a written instrument, the Court may enquire principles of
what the instrument was intended to mean, and what were intended rectification.

452

SPECIFIC RELIEF.

to be its legal consequences, and is not confined to the enquiry
w hat the language of the instrument was intended to be.

Specific enforce- 34. A Contract in writing may be first rectified and then, if the
ineut of re-HiUea plaintiff has so prayed in his plaint and the Court thinks fit,

contract. •/• n r i

specincaily enforced.

Jmaistration.

A contracts in writing to pay liis solicitor, B, a fixed isiun in lien of costs.
The contrat^t cO!itains mistakes as to the name and rights of the client, vvhic^h,
if construed strictly, woidd exchide \i from all rights nndor it. B is entitled,
if the Court thinks fit, to have it rectified, and to an order for [)aymont of
the stmi, as if at the time of its execution it had cxjjrossed the intention
of the jjarties.

When rescission
may be
adjuilged.

Rescission for
mistake.

Alternative
prayer for
rescission in
suit for specific
performance.

Chapter IV.
OF THE RESCISSION OF CONTRACTS.

35. Any person interested in a contract in writing may sue to
have it rescinded, and such rescission may be adjudged by the Court
in any of the following cases, namely : —

(a) Where the contract is voidable or terminable by the plaintiff ;

(h) Where the contract is unlawful for causes not ap})arent
on its face, and the defendant is more to blame than the
plaintiff ;

(c) Where a decree for specific performance of a contract of
sale, or of a contract to take a lease, has been made, and
the purchaser or lessee makes default in payment of the
purchase-money or other sums which the Court has ordered
him to pay.

When the purchaser or lessee is in possession of the subject-
matter, and the Court finds that such possession is wrongful, the
Court may also order him to pay to the vendor or lessor the rents
and profit, if any, received by him as such possessor.

In the same case, the Court may, bj^ order in the suit in which the
decree has been made and not complied with, rescind the contract,
either so far as regards the party in default, or altogether, as the
justice of the case may require.

Illusteations —

to (a) —

A sells a field to B. There is a right of way over the field of which A has
direct personal knowledge, but which he conceals from B. B is entitled to
have the contract rescinded.

to (6)—

A, a solicitor, induces his client B, a widow, to transfer property to him
for the purpose of defrauding B's creditors. Here the parties are not equally
in fault, and B is entitled to have the instrunaent of transfer rescinded.

36. Rescission of a contract in writing cannot be adjudged for
mere mistake, unless the party against w^hom it is adjudged can be
restored to substantially the same position as if the contract had
not been made.

37. A plaintiff instituting a suit for the specific performance of a
contract in wTiting may pray in the alternative that, if the contract
cannot be specifically enforced, it may be rescinded and delivered

SPECIFIC BELIEF.

453

up to be cancelled ; and the Court, if it refuses to enforce the
contract specifically, may direct it to he rescinded and dcliviired
up accordingly.

38. On adjudging the rescission of a contract, the Court may Court may
require the party to A\'hora such relief is granted to make any rS"n,iing'
compensation to the other which justice may require. do equity.

Chapter V.
OF THE CANCELLATION OF INSTRUMENTS.

39. Any person against whom a written instrument is void or when cancel-
voidable, who has reasonable apprehension that such instrument, if ordered'*^ '^*'
left outstanding, may cause him serious injury, may sue to have it
adjudged void or voidable ; and the Court may, in its discretion, so
adjudge it and order it to be delivered up and cancelled.

If the instrument has been registered under any law in force for
the time being relating to the registration of documents, the Court
shall also send a copy of its decree to the officer in whose office the
instrument has been so registered ; and such officer shall note on
the copy of the instrument contained in his books the fact of its
cancellation.

Illustrations.

(a) A, the owner of a ship, by fraudulently representing her to be seaworthy,
induces B, an underwriter, in insure her. B may obtain the cancellation of
the policy.

(b) A conveys land to B, who bequeaths it to C and dies. Thereupon
D gets possession of the land and produces a forged instrument stating that
the conveyance was made to B in trust for him. C may obtain the cancella-
tion of the forged instrument.

(c) A, representing that the tenants on his land were all at will, sells it
to B, and conveys it to him by an instrximent, dated the 1st January, 1877.
Soon after that day, A fraudulently grants to C a lease of part of the lands,
dated the 1st October, 187G, and procures the lease to be registered. Bmay
obtain the cancellation of this lease.

(d) A agrees to sell and deliver a ship to B, to be paid for by B's acceptances
of four bills of exchange, for suras amounting to $30,000, to be drawn by A
on B. The bills are drawn and accepted, but the ship is not delivered accord-
ing to the agreement. A sues B on one of the bills. B may obtain the
cancellation of all the bills.

40. Where an instrument is evidence of different rights or whatinstru-
different obligations, the Court may in a proper case cancel it in b^f^artiaif
part and allow it to stand for the residue. cancelled.

Illustration.

A draws a bill on B, who endorses it to C, by whom it appears to be endorsed
to D, who endorses it to E. C's endorsement is forged. C is entitled to have
such endorsement cancelled, leaving the bill to stand in other respects.

41. On adjudging the cancellation of an instrument, the Court Power to re-
may require the party to whom such relief is granted to make any f'or who^mL-
compensation to the other which justice may require. ^"^T^ued't

make com-
pensation.

454

SPECIFIC RELIEF.

Discretion of
t'ourt as to
declaration of
statas or right.

I1ar to such
declaration.

Chapter VI.

OF DECLARATORY DECREES.

42. Any person entitled to any legal character, or to any right
as to any j)roj)erty, raay institute a suit against any person denying,
or interested to deny, his title to such character or right, and the
Court may in its discretion make therein a declaration tliat he is so
entitled, and the plaintifT need not in such suit ask for any further
relief :

Provided that no court shall make any such declaration where
the plaintiff, being able to seek further relief than a mere declaration
of title, omits to do so.

Explanation. — A trustee of property is a " person interested to deny "
a title adverse to the title of some one who is not in existence, and for whom,
if in existence, he would be a trustee.

Effect of
declaration.

Illustrations.

(a) A is lawfully in possession of certain land. The inhabitants of a neigh-
bouring village claim a right of way across the land. A may sue for a
declaration that they are not entitled to the right so claimed.

(6) A bequeaths his property to B, C, and D, "to be equally divided amongst
all and each of them, if living at the time of my death, then amongst their
surviving children." No such children are in existence. In a suit against
A's executor, the Court may declare whether B, C, and D took the property
absolutely, or only for their lives, and it may also declare the interests of
the children before their rights are vested.

(c) A covenants that, if he should at any time be entitled to property
exceeding §100,000, he will settle it upon certain trusts. Before any such
property accrues, or any persons entitled under the trusts are ascertained,
he institutes a suit to obtain a declaration that the covenant is void for
uncertainty. The Court may make the declaration.

(d) A alienates to B property in which A has merely a life interest. The
•lienation is invalid as against C, who is entitled as reversioner. The Court
may in a sviit by C against A and B declare that C is so entitled.

(e) A is in possession of certain property. B, alleging that he is the owner
of the property, requires A to deliver it to him. A may obtain a declaration
of his right to hold the property.

(/) A bequeaths property to B for his life, with remainder to B's wife and
her children, if any, by B, but, if B die withovit any wife or children, to C.
B has a pvitative wife, D, and children, but C denies that B and D were ever
lawfully married ; D and her children may, in B's lifetime, institute a suit
against G and obtain therein a declaration that they are truly the wife and
children of B.

43. A declaration made under this chapter is binding only on the
parties to the suit, persons claiming through them respectively, and,
where any of the parties are trustees, on the persons for whom, if
in existence at the date of the declaration, such parties would be
trustees.

Illustbation.

A, a Hindu, in a suit to which B, his alleged ^^ife, and her mother, are
defendants, seeks a declaration that his marriage was duly solemnized and
an order for the restitution of his conjugal rights. The Court makes the
declaration and order. C, claiming that B is his wife, then svies A for the
recovery of B. The declaration made in the former suit is not binding upon C.

SPECIFIC llELIEF. 455

Chapter VII.
OF THE APPOINTMENT OF RECEIVERS.

44. The appointment of a Receiver pending a suit is a matter Appointment
resting in the discretion of the Court. diir^tionl"^.

The mode and effect of his appointment, and his rights, powers, Reference to
duties, and liabilities, are regulated by the Civil Procedure Code. rrocednre!'

Chapter VIII.
OF THE ENFORCEMENT OF PUBLIC DUTIES.

45. The Judicial Commissioner or the Senior Magistrate may Power to order
make an order requiring any specific act to be done or forborne, by »"!/ 'otiiCTs to'do
any person holding a jniblic office, Avhether of a permanent or a <'''.^^"'" ^pedfic
temporary nature, or by any cori^oration or any court subordinate

to the courts of the Judicial Commissioner or Senior Magistrate.
Provided —

(a) That an application for such order be made by some person
whose property, franchise, or personal right would be
injured by the forbearing or doing (as the case may be)
of the said specific act ;

(6) That such doing or forbearing is, under any law for the
time being in force, clearly incumbent on such person or
Court in his or its j^ublic character, or on such corporation
in its corporate character ;

(c) That in the opinion of the Judicial Commissioner or Senior
Magistrate such doing or forbearing is consonant to right
and justice ;

(f/) That the applicant has no other specific and adequate legal
remedy ; and

(e) That the remedy given by the order applied for will be
complete.
Nothing in this section shall be deemed to authorize the Judicial Kxemptions
Commissioner or Senior Magistrate — power.

(/) To make any order binding on the High Commissioner,
Resident-General, or Resident ;

{(j) To make any order on any other servant of the State, as
such, merely to enforce the satisfaction of a claim upon
the State ; or

(h) To make any order which is otherwise expressly excluded
by any law for the time being in force.

46. Every application under Section 45 must be founded on an Application
affidavit of the person injured, stating his right in the matter in '°^ ™"*
question, his demand of justice, and the denial thereof ; and the procedure
Judicial Commissioner or Senior Magistrate may, in his discretion, thereon.
make the order applied for absolute in the first instance, or refuse

it, or grant a rule to show cause why the order applied for should
not be made.

If, in the last case, the person. Court, or corporation complained of orderm_^^
shows no sufficient cause, the Judicial Commissioner or Senior

456

SPECIFIC RELIEF.

Peremptory
order.

Execution of,
and appeal
from, orders.

Bar to issue of
manddinus.

Power to frame
riilos.

Ma<'istrate may fii"«t make an order in the alternative, either to do
or forbear tiie act mentioned in the order, or to signify some reason
to the contrary and make an answer thereto by such (hay as the
Jndicial Commissioner or Senior Magisti-atc fixes in this behalf.

47. If the person. Court, or corporation to whom or to which such
order is directed makes no answer, or makes an insufficient or a
false answer, the Judicial Commissioner or Senior Magistrate may
then issue a peremptory order to do or forbear the act absolutely.

48. Every order un(h'r this chapter shall be executed and may
be appealed from, as if it were a decree made in the exercise of
the ordinary jurisdiction of the Judicial Commissioner or Senior
Magistrate.

49. The costs of all applications and orders luider this chapter
shall be in the discretion of the Judicial Commissioner or Senior
Magistrate, as the case may be.

50. Neither the Judicial Commissioner nor any other Court in
the State shall hereafter issue any writ of mandamvs.

51. The Judicial Commissioner shall, as soon as conveniently
may be, frame rules to regulate the procedure under this chapter ;
and, until such rules are framed, the practice of the Judicial Com-
missioner's and Senior Magistrate's Courts as to applications for
and grants of writs of mandamus shall apply, so far as may be
practicable, to applications and orders under this chapter.

Preventive
relief liow
granted.

Temporary
injunctions.

Perpetual
Injunctions.

PART III.

OF PREVENTIVE RELIEF.

Chapter IX,

OF INJUNCTIONS GENERALLY.

52. Preventive relief is granted at the discretion of the Court by
injunction, temporary or perpetual.

53. Temporary injunctions are such as are to continue until a
specified time, or until the further order of the Court. They may
be granted at any period of a suit, and are regulated by the Civil
Procedure Code.

A perpetual injunction can only be granted by the decree made at
the hearing and upon the merits of the suit ; the defendant is
thereby perpetually enjoined from the assertion of a right, or from
the commission of an act, which would be contrary to the rights
of the plaintiff.

Chapter X.

OF PERPETUAL INJUNCTIONS.

Pcri>etuai 54. Subjcct to the other provisions contained in, or referred to by,

when*Rranted ^^^^^ chapter, a perpetual imj unction may be granted to prevent the

breach of an obligation existing in favour of the applicant, whether

expressly or by implication.

SPECIFIC RELIEF. 457

When such obligation arises from contract, the Court shall be
guided by the rules and provisions contained in Chapter II of this
Enactment.

When the defendant invades or threatens to invade the plaintiff's
right to, or enjoyment of, property, the Court may grant a perpetual
injunction in the following cases (namely) : —

(a) Where the defendant is trustee of the property for the
plaintiff ;

(6) Where there exists no standard for ascertaining the actual
damage caused, or likely to be caused, by the invasion ;

would not afford adequate relief ;

(d) Where it is probable that pecuniary compensation cannot

be got for the invasion ;

(e) Where the injunction is necessary to prevent a multiplicity

of judicial proceedings.

ExPL.\NATiON. — For the purpose of this section a trade-mark is property.

Illustrations.

(a) A lets cei'tain land to B, and B contracts not to dig sand or gravel
thereout. A may sue for an injunction to restrain B from digging in violation
of his contract.

(b) A trustee threatens a breach of trust. His co-trustees, if any, should,
and the beneficial owners may, sue for an injunction to prevent the breach.

(c) The directors of a public company are about to pay a dividend out
of capital or borrowed money. Any of the shareholders may sue for an
injunction to restrain them.

(d) The directors of a fire and life insurance company are about to engage
in marine insurances. Any of tlie shareholders may sue for an injunction
to restrain them.

(c) A, an executor, through misconduct or insolvency, is bringing the
property of the deceased into danger. The Court may grant an injunction
to restrain liim from getting in the assets.

(/) A, a trustee for B, is about to make an imprudent sale of a small part
of the trust-property. B may sue for an injunction to restrain the sale,
even though compensation in money would have afforded him adequate
relief.

(g) A makes a settlement (not fomided on marriage or other valuable
consideration) of an estate on B and his children. A then contracts to sell
the estate to C. B or any of his children may sue for an injunction to restrain
the sale.

(h) In the course of A's emploj^inent as a solicitor, certain papers belonging
to his client, B, come into his possession. A threatens to make these papers
public, or to communicate their contents to a stranger. B may sue for an
injunction to restrain A from so doing.

(i) A is B's medical adviser. He demands money of B which B declines
to pay. A then threatens to make known the effect of B'-s communications
to him as a patient. This is contrary to A's duty, and B may sue for an
injunction to resti'ain him from so doing.

(j) A, the owner of two adjoining houses, lets one to B and afterwards
lets the other to C. A and C begin to make such alterations in the house
let to C as will prevent the comfortable enjoyment of the house let to B. B
may sue for an injunction to restrain them from so doing.

{k) A lets certain arable lands to B for purposes of husbandry, but without
any express contract as to the mode of cultivation. Contrary to the mode
of cultivation customary in the district, B threatens to sow the lands with

458 SPECIFIC RELIEF.

seed injurious thereto and roquirinp many years to eradicate. A may sue
for an injunction to restrain Ji from sowing the lands in contravention
of his imjjlied contract to use tliem in a Inishandliive inainier.

(1) A, B, and C are partners, tlie partnersliip l)eing determinable at will.
A threatens to do an act tendinp; to the destruction of the partnership-
property. B and C may, without seeking a dissolution of the partnership,
sue for an injimction to restrain A from doing the act.

(m) A, the owner of certain houses in Klang, becomes insolvent. . B buys
them from the Ofiicial Receiver of A's estate and enters into possession.
A persists in trespassing on and damaging the houses, and B is thereby com-
pelled, at considerable exi)ense, to employ men to protect the possession.
B may sue for an injunction to restrain fm'tlier acts of trespass.

(n) The inhabitants of a village claim a right of way over A's land. In
a suit against several of them, A obtains a declaratory decree that his land
is subject to no such right. Afterwards each of the other villager's sues
A for obstructing his alleged right of way over the land. A may sue for an
injunction to restrain them.

(o) A, in an administration-suit to which a creditor, B, is not a party,
obtains a decree for the administration of C's assets, B proceeds against
C's estate for his debt. A may sue for an injunction to restrain B.

(p) A and B are in possession of contiguous lands and of tlie mines under-
neath them. A works his mine so as to extend under B's mine and threatens
to remove certain pillars which help to support B's mine. B may sue for
an injunction to restrain him from so doing.

{q) A rings bells or makes some other unnecessary noise so near a house
as to interfere materially and unreasonably with the physical comfort of
the occupier, B. B may sue for an injunction restraining A from making
the noise.

(r) A pollutes the air with smoke so as to interfere materially witli the
physical comfort of B and C, who carry on business in a neighbouring house.
B and C may sue for an injunction to restrain the pollvition.

(s) A infringes B's patent. If the Court is satisfied that the patent is
valid and has been infringed, B may obtain an injunction to restrain the
infringement.

(t) A pirates B's copyright. B may obtain an injunction to restrain the
piracy, unless the work of which copyright is claimed is libellous or obscene.
(ti) A improperly uses the trade-mark of B. B may obtain an injunction
to restrain the user, provided that B's use of the trade-mark is honest.

{v) A, a tradesman, holds out B as his partner against the wish and without
the authority of B. B may sue for an injvinction to restrain A from so doing.

{v}) A, a very eminent man, writes letters on family topics to B. After
the death of A and B, C, who is B's residuary legatee, proposes to make money
by publishing A's letters. D, who is A's executor, has a property in the
letters, and may sue for an injunction to restrain C from publishing them.

(x) A carries on a manufactory and B is his assistant. In the course of
his business, A imparts to B a secret process of value. B afterwards demands
money of A, threatening, in case of refusal, to disclose the process to C, a
rival manufacturer. A may sue for an injimction to restrain B from dis-
closing the process.

55. When, to prevent the breach of an obligation, it is necessary
to compel the performance of certain acts Avhich the Court is capable
of enforcing, the Court may in its discretion grant an injunction to
prevent the breach complained of, and also to compel performance
of the requisite acts.

Illustrations.

(a) A, by new buildings, obstructs lights to the access and use of which
B has acquired a right by prescription. B may obtain an injunction, not
only to restrain A from going on with the buildings, but also to pull down
so much of them as obstructs B's lights.

(b) A builds a house with eaves projecting over B's land. B may sue for
an injunction to pull down so much of the eaves as so project.

SPECIFIC RELIEF. 459

(c) In the case put as illustration (^) to Section 54, the Court may also order
all written communications made bj- B, as patient, to A, as medical adviser,
to be destroyed.

(d) In the case put as illustration (y) to Section' 54, the^Court may also
order A's letters to be destroyed.

(c) A threatens to publish statements concerning B which would be punish-
able under Chapter XXI of the Penal Code. The Court may grant an in-
junction to restrain the publication, even though it may be shown not to
be injurious to B's property.

(/) A, being B's medical adviser, threatens to publish B's written communi-
cations with him, showing that B has led an immoral life. B may obtain
an injunction to restrain the publication.

(gr) In the cases put as illustrations (t) and (u) to Section 54, and as illus-
trations (e) and (/) to this section, the Court may also order the copies pro-
duced by piracy, and the trade-marks, statements, and communications,
therein respectively mentioned, to be given up or destroyed.

56. An injunction cannot be granted — injunction

when refused.

(a) To stay a judicial proceeding pending at the institution of

the suit in Avhich the injunction is sought, unless such
restraint is necessary to prevent a multiplicity of pro-
ceedings ;

(b) To stay proceedings in a Court not subordinate to that

from which the injunction is sought ;

(d) To interfere wdth the public duties of any department of

the Government of the State or of the Federal Government,
or ^\•ith the sovereign acts of a Foreign Government ;

(e) To stay proceedings in any criminal matter ;

(/) To prevent the breach of a contract the performance of
which would not be specifically enforced ;

(g) To prevent, on the ground of nuisance, an act of which it
is not reasonably clear that it will be a nuisance ;

(h) To prevent a continuing breach in which the applicant has
acquiesced ;

{{) When equally efficacious relief can certainly be obtained
by an}^ other usual mode of proceeding, except in case of
breach of trust ;

(j) When the conduct of the applicant or his agents has been
such as to disentitle him to the assistance of the Court ;
{k) Where the applicant has no personal interest in the matter.

Illustrations.

(a) A seeks an injunction to restrain his partner, B, from receixang the
partnership-debts and effects. It appears that A had improperly possessed
himself of the books of the firm and refused B access to them. The Court
will refuse the injunction.

(6) A manufactures and sells crucibles, designating them as " patent
plumbago crucibles," though, in fact, they have never been patented. B
pirates the designation. A cannot obtain an inj miction tojrestrain the piracy.

(c) A sells an article called " Mexican Bahn," stating that it is'compounded
of divers rare essences, and has sovereign medicinal qualities. B commences
to sell a similar article to which he gives a name and description such as
to lead people into the belief that they are buying A's Mexican Balm. A sues

460

SPECIFIC RELIEF.

Iiijunrtlon
to perform
netratlve
agreement.

B for (III iiijuiictioii to ri'sdniii tlin siilc. ]i shows tlitit A'b Mexican Balm
consists of nolliiiif^ l)iit scented liog's liufi. A's use of his description is not
an lionost one and he eiiiinot obtain an itijuiu^t ion.

57. Notwithstatidiiiij; Section 5(5, clause (/), ulicro a contract
comprises an aHirniative agreement to do a certain act, coupled
with a negative agreement, express or implied, not to do a certain
act, the circumstance that the Court is unable to compel specific
performance of the affirmative agreement shall not preclude it
from granting an injunction to perform the negative agreement :
j)rovi(le(l that the a|)plicant has not failed to perform the contract
so far as it is binding on him.

Illustkations.

(o) A contracts to sell to B for $1,001) the good-will of a certain business
unconnected with business premises, and further agrees not to carry on that
business in Klang. B pays A the .SI, 000 but A carries on the business in
Klang. The Coiu't cannot compel A to send his customers to B, but B may
obtain an injunction restraining A from carrying on the business in Klang.

(b) A contracts to sell to B the good-will of a business. A then sets up a
similar Ijusiness close by B's sliop, and solicits his old customers to deal with
him. This is contrary to liis implied contract, and B may obtain an injunction
to restrain A from soliciting the customers, and from doing any act whereby
their good-will inay be withdrawn from B.

(c) A contracts with B to sing for twelve months at B's theatre and not
to sing in i^ublic elsewhere. B cannot obtain specific performance of the
contract to sing, but he is entitled to an injvmction restraining A from singing
at any other place of public entertainment.

(d) B contracts with A that he will serve him faithfully for twelve months
as a clerk. A is not entitled to a decree for specific jierformance of this
contract. But he is entitled to an injunction restraining B from serving a
rival house as clerk.

(e) A contracts witli B that, in consideration of $1,000 to be paid to him
by B on a day fixed, he will not set up a certain business within a specified
distance. B fails to pay the money. A cannot be restrained from carrying
on the business within the specified distance

QUARANTINE AND PREVENTION OF DISEASE.

Perak.
E. 18 of 1903
21.10.1903
6.11.1903

E. 16 of 1909

Selanpor.
E. 13 of 1903
14.9.1903
2.10.1903

Negri Sembilan.
E. 22 of 1903
20.8.1903
7.9.1903

as amended by
E. 8 of 1909 E. 12 of 1909

and by Fed. E. 37 of 1918.

Pahang.
E. 16 of 1903
10.9.1903
1.10.1903

E. 17 of 1909

An Enactment to make provision for Preventing the
Introduction and Spread of Infectious and Contagious
Diseases.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as "The Quarantine and short tiUe and
Prevention of Disease Enactment, 1903," and shall come into force m^t!^°°^*
upon the publication thereof in the Gazette.

^ (ii) Upon the coming into force of this Enactment the Enact- Repeal.
ment specified in the schedule shall be repealed to the extent
mentioned in the third column of such schedule.

2. In this Enactment, and in any rules made thereunder, unless interpretation.
the context otherwise requires —

" Cattle " means bulls, cows, oxen, buffaloes, heifers, and calves.

" Animals " includes horses, asses, mules, cattle, dogs, sheep,
goats, and swine, and any kind of four-footed beast.

" Fodder " means grass or other substance used for food for
animals.

" Litter" means straw or other substance used for bedding or
otherwise for or about animals.

" Disease " means any disease of an infectious or contagious
nature dangerous to mankind or animals, and includes leprosy and
rabies, but does not include any venereal disease.

" Diseased " means infected with disease.

" Carcase " means the carcase of an animal, or any portion
thereof.

" Health Officer " means any officer appointed by the Resident
by notification in the Gazette to perform the duties imposed by this
Enactment or the rules made thereunder on Health Officers, or
any person authorized by such Health Officer in A\Titing to act as
his deputy.

" Quarantine " means the compulsory detention in isolation for
the purposes and under the provisions of this Enactment and of
rules made thereunder, of any ship, person, animal, or thing, so
that it or they shall have no communication or traffic with any
other ship, person, animal, or thing, or with any place except in
accordance with the said Enactment and rules.

1 Omitted in N.S. and Pahang.
461

462 QUARANTINE AND PREVENTION OF DISEASE.

^ower to make 3. (i) Tlic Resident may, with tiie approval of the Resident-
General, from time to time make sueii rules as may seeni to him
necessary or expedient for the ])iirpose of ])reventing the intro-
duction into the State of any disease, and also of preventing the
spread of any disease.

(ii) All such rules together with the approval thereof by the
Resident-General shall be published in the (Jazelte, and shall there-
upon have the force of law.

n>j^n<tsof 4. (i) The rules made under the last preceding section may

provide, amongst other things : — -

(a) For placing vessels arriving or being at any port or i)lace

within the waters of the State in quarantine and for their
management while in quarantine ; and for requiring
vessels to leave the waters of the State forthwith for such
periods as may be deemed necessary ; and for granting
certificates of the condition of vessels or of the State or any
part thereof in respect of disease ;

(b) For prohibiting or regulating the admission of persons or

animals into the State, or their movement within the State
or their dejiarture therefrom either absolutely or condi-
tionally ;

persons and animals, and for regulating the management
of the same ;

(d) For slaughtering, with or without compensation, as may

be deemed expedient, diseased animals or, with com-
pensation, animals suspected of being diseased or having
been in circumstances in which they were likely to have
become diseased ;

(e) For prohibiting or regulating the movement of diseased

persons and animals, or of persons and animals suspected
of being diseased, or having been in circumstances in
which they were likely to have become diseased, and the
removal and disposal of the dead bodies of persons and
animals, and of fodder, litter, dung, and other things ;

(/) For the examination, removal, isolation, and detention, for
such time as may be deemed necessary, of all persons or
animals diseased or suspected of being diseased, and for
entering and searching houses, buildings, rooms, and other
places in which the presence of diseased or dead persons
or animals may be suspected ;

(g) For the removal of diseased persons to hospitals or other
places for medical treatment, and for their detention until
they can be discharged with safety to the public ; and for
the temporary occupation of places required for the treat-
ment of diseased persons ;

(A) For ordering the vacating, cleansing, disinfecting, destruction,
closing, or alteration of houses, buildings, rooms, and other
places which have been occupied by any diseased person
or animal, or which are suspected of being infected with
disease, or which are overcrowded or otherwise in an
insanitary condition ;

QUARANTINE AND PREVENTION OF DISEASE. 463

(i) For seizing, disinfecting, and, if expedient, destroying, with
or without compensation as may be deemed expedient,
furniture, clothing, litter, fodder, and other articles which
have been in contact with any diseased person or animal, or
which are reasonably suspected of being a vehicle for
spreading disease ;
(j) For prescribing and regulating the seizure, detention, and
disposal of any animal dealt with in contravention of any
rule made under this Enactment ;
(k) For the regulation of all persons carrying on the trade of
cow-keepers, dairymen, or purveyors of milk, and for
securing the cleanliness of cow-sheds and milk shops or
other places where milk is kept for sale, and of milk vessels
and utensils used by such persons, and for the protection
of milk against infection or contamination, and for prevent-
ing and jjunishing the adulteration of milk by the
abstraction or addition of any substance ; provided that
no rule made under this Enactment for any of the purposes
described in this sub-section shall have effect within any
area which is subject to the control of a Sanitary Board ;
(l) For prescribing the reporting to Government by medical
practitioners or others of cases of disease ;
(m) For i^rescribing the liability of any persons to defray the
expenses connected with the enforcement of any rule made
under this Enactment, and for regulating questions of
compensation in connection therewith ;
(n) For the appointment of Health Officers, Inspectors, and other
officers to carry out the provisions of this Enactment or of
any rules made thereunder, and for regulating their duties
and conduct, and for investing them with all powers
necessary for the due execution of their duties ;
(o) For prescribing and regulating the form and mode of service

or delivery of notices and other documents ;
(p) For prescribing the fine with which the contravention of any
rule made under this Enactment shall be punishable, but
so that no such fine shall exceed five hundred dollars.
(q) For prescribing the conditions and regulations under and in
accorda7ice ivith ivhich dogs may be kept and the circumstances
under ivhich they may be destroyed or otherwise disposed of,
to provide for their registration and for the payment of fees
in respect thereof, and in particular for prescribing the
conditions and regulations under and in accordance with
which dogs ynay be allowed to go abroad in public thorough-
fares, and for destroying dogs kept or allowed to go abroad
otherwise than under and in accordance with such conditions
and regulations .
(ii) Provided always that nothing in this section contained shall
in any way restrict or be construed to restrict the generality of the
powers conferred on the Resident by the last preceding section, but
such powers shall extend to all matters, whether similar or not to
those in this section mentioned, as to which it may be expedient to
make rules for the better carrying into effect the objects of this
Enactment.

4G4

QUARANTINE AND PREVENTION OP DISEASE.

Oriler by Court
of a MftglBtratc.

B. S7otl918.

4a. (i) The Court of a Mugisfratr of t/ir First ('lass may on the
information and application of a Health Officer, after suniinons to the
owner or occupier of the building or place in respect whereof the applica-
tion is made to attend and shew cause against the making of an order and
after taking such evidence as the Court thinks proper, make an order as
hereinafter provided : — •

(a) Where it is made to appear to the Court thai ant/ building is in

such an insanitanj condition as lo facilitate the spread of
disease, the Court niaij bij order prohibit the use. of such build-
ing as a dwelling-house until the said order shull be revoked
by the Court.

(b) Where it is made to appear to the Court that any building used

as a dwelling is so overcrowded to as expose the inmates thereof
to risk of disease, the Court may by order require the owner
or occupier of the building to abate the overcrowding within a
reasonable time, to be fixed by the Court, by reducing the
number of inmates and may fix the extent of such reduction.

(1) a building prohibited under this section to be used as a

dwelling house, or

(2) a building or enclosure appearing to the Court to be in

such a filthy or insanitary condition as to facilitate the
spread of disease,
the Court may by order require the owner or occupier to carry out
within a reasonable time, to be fixed by the Court, such
measures as may seem to the Court necessary for the purpose
of cleansing, ventilating, or disinfecting such building or
enclosure, as the case may be.
(ii) For the enforcement of any order made under this section the
Court by which the order was made may cause any person to be forcibly
removed from any building and may cause any building or enclosure to
he forcibly broken open and any articles found therein to be disinfected
or destroyed.

(iii) // any person acts in contraventio7i of or disobeys any order
made under this section, he shall be guilty of an offence against this
Enactment.

(iv) For the purposes of Part VII of the Criminal Procedure Codes,
1902 and 1903, proceedings under this section shall be deemed to be
proceedings in a criminal matter.

OFFENCES, PENALTIES, AND FORFEITURES.

Offence defined. 5. If any person, without lawful authority or excuse (proof
whereof shall be on him), does or omits to do anything which under
the provisions of this Enactment or of rules made thereunder he
ought not to do or omit, or if he obstructs or impedes, or assists in
obstructing or impeding, any Health Ofificer or other officer appointed
under this Enactment, or any Police Officer in the execution of his
duty under this Enactment, or the rules made thereunder, or dis-
obeys any lawful order of any such Health Officer or other officer as
aforesaid, he shall be guilty of an offence against this Enactment.

Penalty. 6. If any person is guilty of an offence against this Enactment

for which no penalty is provided by any rule made thereunder, he

QUARANTINE AND PREVENTION OF DISEASE.

465

shall be liable, on conviction before a Magistrate, to a fine not
exceeding two hundred dollars, and if such offence be of a continuing
nature, to a further fine not exceeding twenty dollars for every day
during which such offence shall continue.

7. A person convicted of any offence against this Enactment who second offence.
is within a period of twelve months from the date of such conviction
convicted of a second or subsequent like offence against this Enact-
ment shall be liable in the discretion of the Magistrate to imprison-
ment of either description for any term not exceeding two months,

either in addition to or in lieu of fine.

8. (i) If any person lands or moves, or attempts to land or move, Forfeitures.
or otherwise brings into the State, any animal or thing in contra-
vention of this Enactment or of any rule made thereunder, such
animal or thing shall be liable to be forfeited.

(ii) Forfeitures under this Enactment may be declared by a
Magistrate, and all animals and things forfeited shall be dealt with
as the Resident directs.

9. (i) When a person is seen or found committing, or is reasonably Duties of in-
suspected of being engaged in committing an offence against this poHcrofficers.
Enactment, any Inspector or other officer appointed under this
Enactment, or any Police Officer may, without warrant, stop and

detain him and, if his name and address are not known, may
apprehend him.

(ii) If any person obstructs or impedes an Inspector or other
officer appointed under this Enactment, or any Police Officer in the
execution of his duty under this Enactment, or the rules made there-
under, or assists in any such obstruction or impeding, he may be
apprehended by such Inspector or other officer or Police Officer
without warrant.

(iii) Nothing in this section shall take away or abridge any power
or authority that a Police Officer would have had if this section had
not been enacted,

10. When any occupant of a house in which a case of disease Presumption.
occurs or any person in charge of a diseased person, or the owner

or person in charge of a diseased animal, is charged with an offence
against this Enactment relative to such disease, he shall be presumed
to have known of the existence of such disease in such person or
animal, unless and until he shows to the satisfaction of the Magistrate
before whom he is charged that he had not such knowledge and
could not with reasonable diligence have obtained such knowledge.

10a. When there is doubt regarding the oivnershi'p of any dog, any
person found in possession of such dog or the occupier of the premises
frequented by it shall, for the purposes of this Enactment and the rules
thereunder, be jiresumed to be the owner thereof until the contrary be
proved.

11. Inspectors and other officers appointed under this Enactment omcerstobe
shall be deemed to be public servants within the meaning of the pu^^''^ servants.
Penal Code.

12. (i) The Resident, with the approval of the Resident-General, may Delegation of
delegate the enforcement and eocecution of any rule made under this fufeJto™ocai°'
Enactment to the Sanitary Board withi^i its area or to any other local authority.

1—30

46G QUARANTINE AND PRRVRNTTON OT* DlSEASfi.

Protection of
persons acting
under this
Kuactment.

authorili/, subject to such restrictions as he may from time to time think
fit to impose.

(ii) The Resident, with the approval of the Re si dent -General, may
authorize any Sanitary Board to pass by-laws for the carrying out of any
of the purposes which may be provided for by rule under Section 3 or
Section 4.

Such by-laws shall have effect in the same manner, and any breach
thereof shall be punishable with the same penalty, as though they had
been passed in accordance with the law in force for the time being relating
to Sanitary Boards.

13. (i) No action shall bo brought against any person for anything
done or bond fide intended to be done in the exercise or supposed
exercise of the powers given by this Enactment, or by any rule made
thereunder —

(a) Without giving to such person one month's previous notice

in writing of the intended action and of the cause thereof;

(b) After the expiration of three months from the date of the

accrual of the cause of action ;

(ii) In every action so brought it shall be expressly alleged that
the defendant acted either maliciously or negligently and without
reasonable or probable cause, and if at the trial the plaintiff shall
fail to prove such allegation judgment shall be given for the
defendant.

(iii) Though judgment be given for the plaintiff in any such
action, such plaintiff shall not have costs against the defendant
unless the Magistrate before whom the action is tried shall certify
his approbation of the action.

The Schedule.
ENACTMENTS REPEALED.

Number.

Short title.

Extent of repeal.

Perak :

0. in C. No.

Quarantine and Preven-

The whole, in so far as

15 of 1890

tion of Disease

it has not already been
repealed

0. in C. No.

Leper Asylum, Pulau

The whole

11 of 1891

Jerejak

0. in C. No. 1

Quarantine and Pre-

of 1893

vention of Disease
Amendment

0. in C. No.

Registration and Con-

13 of 1893

trol of Lepers

Selangor :

III of 1893

Quarantine and Pre-

The whole, in so far as

vention of Disease

it has not already

Regulation, 1893

been repealed

COIN IMPORT AND EXPORT.

Perak. Selangor. Negri Sembilan. lahang.

E. 17 of 1903 E. 16 of 1903 E. 24 of 1903 E. 18 of 1903

21.10.1903 16.10.1903 20.10.1903 22.10.1903

21.10.1903 16.10.1903 20.10.1903 26.10.1903

An Enactment to legiilate the Import and Export of
Coin into and from the State.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as "The Coin Import and short title and
Export Enactment, 1903," and shall come into force upon the me^t!^""*"
publication thereof in the Gazette.

(ii) Upon the commencement of this Enactment the Enactment Repeal,
mentioned in the schedule shall be repealed to the extent specified in
the third column thereof.

2. For the purposes of this Enactment the term " banker " shall interpretation,
mean any corporation carrying on the business of bankers or financial <• momfy-
agents in the State, and the term " money-changer " shall mean a changer.-
person who carries on the business of money-changing as his chief
business.

3. (i) The Resident may, with the approval of the Resident- Prohibition of
General, by notification in the Gazette prohibit :— pS^S ""

(a) The importation into the State of such coins, whether legal "^'^"'*"°''-
tender within the State or not, as are in such notification
specified ;
(6) The exportation from the State of such coins, being legal
tender within the State, as are in such notification specified ;
(c) The circulation in the State of such foreign coins, not being
legal tender within the State, as are in such notification
specified,
(ii) The Resident may, with the approval of the Resident-General,
by notification in the Gazette exempt any Country or State from the
operation of any notification prohibiting the importation into or
exportation from the State of such coins as are in such notification
specified.

4. The Resident may, with the approval of the Resident-General, Kescjndingor
by notification in the Gazette, rescind or vary any notification cat^nl^"''
published under the last preceding section.

5. (i) If any person shall in contravention of any notification Penalty for
published under Section 3 or Section 4 import or export or attempt to p™?ung p^ro-*^ ^^
import or export any coin in such notification specified to the amount hibited coin.

467

468

COIN IMPORT AND EXPORT.

Penalty for
circulating pro-
hibited coin.

Forfeiture of
prohibited coin.

of five dollars in nominal value or upwards in the case of copper or
bronze coin, or of twenty-live dollars in nominal value or u[)war(ls in
the ease of silver coin, he shall be lial)le on conviction before the
Court of a Magistrate of the lirst class to a fine not exceeding one
thousand dollars, and any coin so imjxtrtcd or exported or attempted
to be imj)orted or exportetl in contravention of any such notification
shall be forfeited.

(ii) In any case in which it has been proved to the satisfaction of
a Court that coin has been exported in contravention of any such
notification as aforesaid it may impose in addition to the fine
authorized by this section a further penalty not exceeding the
amount or value of the coin so found to have been exported,

(iii) The provisions of this section shall not apply to any coin
imported or exported under a license in writing imder the hand of
the Resident or of any officer appointed in that behalf by the
Resident. Every such license shall specify the terms on which such
coin may be imported or exported, as the case may be.

(iv) Any person importing or exporting coin under the provisions
of any such license shall be bound to comply with the terms in such
license specified, and any person importing or exporting coin in
contravention of the terms of such license shall be liable on convic-
tion before the Court of a Magistrate of the first class to a fine not
exceeding one thousand dollars, and any coin imported or exported
in contravention of the terms of such license shall be forfeited. The
provision contained in sub-section (ii) shall apply in the case of any
coin exported in contravention of the terms of any such license.

(v) If any person shall in contravention of any such notification
circulate or attempt to circulate any coin in such notification
specified, he shall be liable on summary conviction to a fine not
exceeding twenty-five dollars, and the coin shall be forfeited.

(vi) For the purposes of this section a person is not deemed to
circulate coin who gives such coin to a banker or money-changer in
exchange for other coin or for notes.

6. Any coin the circulation of which in the State is prohibited by
any such notification as aforesaid found within the State otherwise
than in the possession of a banker or money-changer after the
expiration of thirty days from the publication of such notification
may be forfeited, and may be seized without warrant by any police
officer and detained pending the declaration of a magistrate as to its
forfeiture.

Search warrant. 7. Any magistrate, if satisfied by sworn information in writing
that there is good reason to believe that any coin which has been
imported or is in the act of being imported or exported in contraven-
tion of any such notification as aforesaid is likely to be found in any
place to the nominal value of fifty dollars or upwards, may by
warrant under his hand direct any public officer named or specified
therein to enter such place and search the same and seize all coin or
coins found therein the importation or exportation of which is for
the time being prohibited as aforesaid,' and detain the same pending
the declaration of a magistrate as to its forfeiture.

COIN IMPORT AND EXPORT.

469

8. Any person found offending against the provisions of tliis Police may
Enactment may be arrested by any police officer without warrant, warrant,

9. Forfeitures under this enactment may be declared bv a peciarat«on of

»/ ,, forfeitures.

magistrate.

10. The convicting magistrate may direct any fine or any portion j^f^^g/"
of a fine imposed and levied under this Enactment to be paid to the
informer or informers.

The Schedule.
ENACTMENT REPEALED.

Number.

Short title.

Extent of repeal.

Pk. : 10 of 1897 ]
Sel. : 13 of 1897 \
N.S. : 20 of 1897 J
Pg. : 12 of 1898

Foreign Coin Prohibition
Enactment, 1897

Foreign Coin Prohibition
Enactment, 1898

The whole

MUHAMMADAN LAWS.

Perak.

Selangor.

Negri

Sembilan.

I'ahang.

E. 20 of 1904

of 1904

E. 6

of 1904

E. 2 of 1904

24.8.1904

.1904

17.5

.1904

8. G. 1904

9.9.1904

.1904

4.6.:

1904

27.0.1904

as amended by

Pk. 1 of 1915

Sel. E.

1 of 1915

N.S.

2 of 1915

Pk. 1 of 1917

Sel. E.

1 of 1917

N.S.

1 of 1917

Pk. 1 of 1918

Sel. E.

1 of 1918

N.S.

i:.

, 1 of 1918

An Enactment to provide for the punishment of certain
offences by Muhammadans.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

Short title, 1. (i) Tliis Enactment may be cited as " The Muhummadan Laws

and?lp"ea™''' Enactment, 1904," and shall come into force upon the publication
thereof in the Gazette.

1 (ii) Upon the coming into force of this Enactment the Enactment
specified in the schedule hereto shall be repealed to the extent
mentioned in the third column of such schedule.

Application. 2. All persons professing the Muhammadan religion shall be

subject to this Enactment, and no other persons shall be subject
thereto.

Attendance at 3. Any male pcrsou over the age of sixteen years residing within

Mosque. three miles of a Mosque presided over by a Priest of his own Muzahaf

who, without reasonable excuse to be communicated to and allowed
by the nearest Assistant Kathi or Trustee of the Mosque, shall fail to
attend Prayers at such Mosque on every Friday or who after Saalam
shall fail, except with the permission of the Kathi, to remain for at
least one hour in the Mosque to hear the teaching of the Imam or
Ulama shall be liable on conviction before the Court of a Penghulu,^
to a fine not exceeding fifty cents for every such offence.

Enticing away 4. Any pcrsou who shall take or entice any girl as yet unmarried,

giri!"™""'^'* who is subject to this Enactment, out of the keeping of her parents or
guardians or of any person having the care of her on their behalf shall,
on conviction before a competent Court, be liable to imprisonment of
either description for a term not exceeding six months, and shall also
be liable to a fine which may extend to twice the amount of mas
kawin usually paid on the marriage of a girl of her class.

1 Omitted in Pahang.

2 Add in N.S. and Pg. : " or, if there be no such Court having jurisdiction,
before the Court of a Kathi, or, if there be no Court of either of the above deicrip-
tiona having jurisdiction, before the Court of a Magistrate."

470

MUHAMMAD AN LAWS.

471

5. Any girl as yet unmarried, who shall abscond from lawful unmarried L-iri
guardianship in order to lead an immoral life shall, for the first g'ifardiansr '
offence of this nature, be liable on conviction before a competent

Court to simple imprisonment for a term not exceeding one month,
and for any subsequent offence of the same nature to simple im-
prisonment for a term not exceeding three months.

6. Any person who has sexual intercourse ^\ith a person subject to Adultery.
this Enactment w ho is, and whom he knows or has reason to believe

to be, the \\iie of another man, such sexual intercourse not amounting
to the offence of rape, is guilty of the offence of adultery, and shall
be liable, on conviction before a competent Court, to imprisonment
of either description for a term not exceeding one year and shall also
be liable to a fine not exceeding two hundred and fifty dollars. Any
woman convicted before a competent Court of being a participator
in an offence under this section shall be liable to simple imprison-
ment for a term not exceeding six months.

7. (i) Any person who has sexual intercourse with a person whom laces^
he is, and whom he knoivs or has reason to believe that he is, forbidden

by the Muhammmlan Law to marry by reason of consanguinity or
of fosterage or of affinity, is guilty of the offence of incest.

(ii) Any male person ivho commits an act ichich is incest by reason
of consanguinity or of fosterage shall be liable, on conviction before
a compietent Court, to imprisonment of either description for a term not
exceeding five years ; and any ivoman convicted before a competent
Court of being a participator in such act shall be liable to imprison-
ment of either description for a term not exceeding one year.

(iii) Any male person ivho commits an act which is incest by reason
of affinity shall be liable, on conviction before a competent Court,
to imprisonment of either description for a term not exceeding six
months or to a fine not exceeding two hundred and fifty dollars ; and
any woman convicted before a competent Court of being a participator
in such act shall be liable to the like penalty.

7a. fi) Where the marriaqe of two persons subject to this Enact- Prohibition

IT . 7T 1-177. 7 X i ji. upon divorced

ment has been irrevocably dissolved by the ^pronouncement of three persons.
divorces by the man against the woman, it shall be unlawful for such
persons to cohabit as man and wife unless the woman shall first have
been lawfully married to some jjerson other than her divorced husband
and such marriage shall have been dissolved.

(ii) Any person who acts in contravention of the provisions of the
preceding sub-section shall be liable on conviction before a competent
Court to a fine 7iot exceeding two hundred and fifty dollars and for
any subsequent offence of the sarne nature to a fine not exceeding five
hundred dollars or to simple imprisonment for a term not exceeding
six months.

8. Any person, who, having either verbally or in writing entered Betrothal,
into a contract of betrothal before a Mosque official or Penghulu or
village headman, subsequently refuses to marry the other party to
the contract, shall, upon suit by the said other party being willing
to fulfil the contract, be liable to be adjudged to pay to such other
party the value of the mas kaivin which would have been paid if

472

MUHAMMADAN LAWS.

ReIIv;loim
teaching.

Sale of cooked
food in the
montli
Kamthan,

the marriage luul taken place. In any such case each [)arty sluiU
return all gifts made by the other.

9. No person shall, except in his own house and in the presence
of members of his own family only, teach any religious doctrine,
unless he shall previously have obtained written ])ermission to do
so from His Highness the Sultan ; and any person who shall teach
any religious doctrine without having obtained such permission,
or who, having obtained such permission, shall teach any false
doctrine, shall be liable, on conviction }>efore a competent Court,
to a fine not exceeding twenty-five dollars.

9a. (i) No shopkeeper or other retail trader s/uill (hiring the month
Ramthan sell between the hours of 6 a.m. awl G p.m. to any person
who is subject to this Enactment any cooked article of food for immediate
consumption.

(ii) Any person who shall contravene the provisions of subsection
(i) shall on conviction before the Court of a Penghulu, or if there
be no such Court having jurisdiction, before the Court of a Kathi, or
if there be no Court of either of the above descriptions having juris-
diction, before the Court of a Magistrate, be liable on first conviction
to a fine not exceeding two dollars and on a second or subsequent
conviction to a fine not exceeding ten dollars unless, in either case, he
prove to the satisfaction of the Court before which the proceedings are
had that the purchaser obtained the food under false pretences.

(ill) Whenever it is proved that any person employed by a shop-
keeper or retail trader who is subject to this Enactment has during
the month and between the hours specified in sub-section (i) sold to
any person who is subject to this Enactment any cooked article of food
for immediate consumption, such shopkeeper or other trader shall
be deemed to have contravened the provisions of sub-section (1) unless
he prove to the satisfaction of the Court before which the proceedings
are had that the sale was effected without his knowledge or consent
and that he had taken all reasonable steps to ensure due compliance
with the provisions of the said subsection.

Offences, where 10. Oflfcnces undcr Scctions 4, 5, 7a, 7 (iii), and 9 hereof shall be
and how' triable, triable before the Court of a Magistrate of the First Class, and offences
under Sections 6 and 7 (ii) before the Court of the Senior Magistrate.
When about to try any of the offences referred to in this section
the Court shall cause two Muhammadans of standing to be sum-
moned from a list of persons nominated in that behalf by the Ruler
of the State to sit with the Court as assessors. The provisions of
Sections 207, 208, and 209 of the Criminal Procedure Code, 1902, shall
apply to such assessors.

Judgment. 11. When in a case tried with the aid of assessors under this

enactment the cases for the prosecution and the defence and the
prosecutor's reply (if any), are concluded, the Court may sum up
the evidence for the prosecution and defence and shall then require
each of the assessors to state his opinion orally, and shall record such
opinion. The Court shall then give judgment ; but in doing so
shall not be bound to conform to the opinions of the assessors.
If the accused is convicted, the Court shall pass sentence on him,
according to law.

MUHAMMADAN LAWS.

473

12. All fines imjjosed under this Enactment shall on being re-
covered from the offenders be paid in to the District Treasury to the
credit of a fund to be termed the " Muhammadan Religious Fund " ;
and no payments shall be made out of such fund except on the written
order of His Highness the Sultan or of such officer or officers as
His Highness may from time to time empower in that behalf.

Disposal of
fines.

The Schedule.
ENACTMENTS REPEALED.

Number.

Perak :

Order in Council, 1885

Order in Council
No. 1 of 1894

Selangor :

Regulation XI. of
1894

Negri Sembilan :

Order of 9th August,
1887(SungeiUjong)

Order of 25th May,
1893 (Negri Sem-
bilan, old)

Short title.

Muhammadans to Pray
in Mosques on Fridays

Adultery by Muhamma-
dans

Prevention of Adultery
Regulation, 1894

Mosque Attendance

Extent of
repeal.

The whole

MINERAL 0UE8.

Sliort title ami
commencement.

Eepeal.

Interpretation.

rrohibition of
purchase, treat-
ment, or storage
or ore except
under license.
E. 6 of 1920.

Perak.
E. 5 of 1904
16.3.1904
22.4.1904

E. 9 of 1907
E. 9 of 1908

Selan^;ur.

E. 5 of 1904

29.2.1904

31.3.1904

Negri Scml)ilan.
E. 4 of 1904
10.2.1904
26.2.1904

l-ahan'^.
E. 1 of 1915
28.1.1915
1.6.1920

as amended by

E. 13 of 1907 E. 13 of 1907

E. 10 of 1908 E. 10 of 1908

and by Fed. E. 19 of 1919 and 6 of 1920.

An Enactment to amend the Law relating to the purchase
and smelting of Mineral Ores.

It is hereby enacted by His Highness the Sultan in Council as
follows ; —

1. (i) This Enactment may be cited as '' The Mineral Ores
Enactment, 1904,^ and shall come into force upon the publication
thereof in the Gazette.^

(ii) Upon the coming into force of this Enactment the Enactment
mentioned in Schedule A shall be repealed to the extent specified
in the third column of the said schedule.

2. In this Enactment —

" Treat " with its grammatical variations and cognate expressions
means to sub}ect to any process whereby chemical change
takes place in the substance subjected thereto ;

" Land officer " includes any officer of the land or mines de-
partments.

" Mineral ore " does not include gold.

3 3. On and after the commencement of this Enactment it shall not
be lawful for any person, unless duly licensed in that behalf under
this Enactment —

(i) To purchase any mineral ore ;

(ii) To keep any factory or place for the purpose of smelting or
otherwise treating mineral ore ;

(iii) To keep any house, store, shop, or place for the purpose of
purchasing or storing therein any mineral ore other than such as
has been raised from land in his own occupation.

Provided that every license to purchase mineral ore shall include
the right to keep a house, store, shop, or place for the purchase or
storage thereof, and that every license to keep a factory or place for

1 Pahang, 1915.

2 Pahang : on a day fixed to be by the Re.sident by notification in the
Gazette.

' Pahang, add : For the purpose of the application of this Enactment to
the coq.st> districts of the State, " Warden " includes Assistant Warden.

474

MINERAL ORES.

475

the purpose of smelting or otherwise treating mineral ore shall
include all rights conveyed by a license to purchase mineral ore.

4. (i) Such license may he issued by the Warden of Mines upon Form and
application and payment of a fee of one hundred dollars and shall he ficense!^
suhstantially in the form of Schedule B with such variations as may

be necessary, hut no such license shall he issued until the applicant
therefor shall Juive made a deposit of two hundred dollars, to he returned
as hereinafter provided ; such deposit shall be either by cash paid
into the Treasury or by delivery at the Treasury of a Bank receipt
evidencing the payment of the said amount to the credit of the Govern-
ment with such Bank ; interest allowed by the Bank on any such
amount shall be payable to the depositor.

(ii) Every such license shall expire on the 31st day of December
of the year in respect of which it is issued and shall be valid only for
the place and purpose specified therein.

5. (i) It shall be la\\ ful for the Warden, on the application of any sub-Uceuses.
person licensed to purchase mineral ore, to issue to such person for

the use of himself or his agents sub-licenses which shall be sub-
stantially in the form of Schedule C, subject to the payment of a
fee of fifty cents for each sub-license.

(ii) To every sub-license there shall be attached, on issue, a
photograph of the sub-licensee. Such photograph shall be supplied
by the sub-licensee, who shall preserve the same in good condition or
return the sub-license to the Warden with a view to having a fresh
photograph attached.

(iii) No sub-license sliall remain in force after the termination
of the license to Avhich it relates.

(iv) Every holder of a sub-license when acting in pursuance there-
of shall keep such sub-license on his person and shall produce it
on demand for the inspection of any land officer or police officer.

6. Every applicant for or holder of a license or sub-license under weights to be
this Enactment shall produce before the Warden every weight or p'"°<^"'=^'^-
instrument for weighing which he may use or intend to use for the
purposes of such license or sub-license.

7. (i) The Warden shall endorse upon the license or sub-license, Endorsement
as the case may be, a description of the weights and instruments for warden.*"^ ^^
weighing so produced before him, and may test the same : provided

that the Warden shall not endorse on a sub-license any weights or
instruments for weighing which have not been endorsed on the
license to which such sub-license relates ; and provided further that
the Warden may in his discretion disallow the use, for the purposes
of the license or sub-license, of any weight or instrument for weighing
so produced before him and shall not endorse upon the license or
sub-license the description of any weight or instrument for weighing
so disallowed by him.

(ii) If at any time after such endorsement upon a license any
weight or instrument for weighing other than as described therein
shall be found —

(a) In the possession of the licensee, or

(6) In the possession of any person to whom a sub-license shall
have been issued on the application of the licensee, and it
be not proved to have been in the possession of such

476

MINERAL ORES.

])»'rs(iii witliout tlif knowledge or consent of the licensee,

Certain

furnaces niuy be
prohibited.

Resident may
vary Schedule I).

Power of

Warden to
refuse license
or Bub-license.

Power of
Warden to
cancel license
or sub -license.

Penalty for
false weights.

(c) 111 tlie building or place licensed,
the licensee shall be deemed to have committed an offence against
the provisions of this Enactment ; and if at any tinn-^ after such
endorsement upon a sub-li(;ense any weight oi- instriunent for weigh-
ing other than as described therein shall be found in the possession
of the sub-licensee the sub-licensee shall be deemed to have com-
mitted an offence against the provisions of this Enactment.

8. (i) It shall be lawful for tlu^ Warden to refuse to allow any
furnace tt) be used in any smelting house if he shall be satisfied that
such furnace cannot be efficiently worked with charcoal made from
woods other than those specified in Schedule D.

(ii) The Warden may also refuse to license any smelting-house
containing any such furnace as aforesaid.

9. The Resident may from time to time by notification in the
Gazelle, add to or otherwise vary the list of woods specified in
Schedule D.

10. It shall be lawful for the Warden to refuse to issue or renew
a license or sub-license to any person, for reasons to be stated by
him in writing, if so required by the applicant or licensee.

11. (i) It shall be lawful for the Warden to cancel any license
at any time, either upon application by the licensee for the with-
drawal of the deposit made under Section 4 (i), or upon the con-
viction of the licensee of any offence under this Enactment or
on any charge involving fraudulent dealing.

(ii) It shall be lawful for the Warden in his discretion to cancel
any sub-license at any time.

(iii) The Warden may, with the approval of the Resident-General,
refuse a license to any person who is the agent of or is under any
obligation or agreement to act for any itidividual, corporation, or
combination which he is satisfied is attempting or about to attempt
to secure control of the output of or the market for any mineral ore or
of the metallic product of such ore.

(iv) // the Resident-General, with the approval of the High Com-
missioner, shall certify that he is satisfied that any licensee is acting
ivith a view to enable himself or any individual, corporation, or
combination to secure control of the output of or the market for any
mineral ore or of the metallic product of such ore, it shall be the duty
of the Warden, on receiving ijistructions from the Resident-General,
to cancel the license of such licensee.

12. Any person who may be convicted under Sections 8 or 9
of the Weights and Measures Regulation, 1893,^ in respect of any
purchase of ore shall be liable to a fine not exceeding two hundred
and fifty dollars, in addition to any penalty in that Regulation
provided, and in case of a second or subsequent conviction shall
also be liable to imprisonment of either description for a term not
exceeding three months.

1 Pahang, 7 or 8 of the O. in C. 1 of 1896, relating to Weights and Measures.
N.S., 1897.

MINERAL ORES. 477

13. (i) Every licensee under this Enactment shall keep posted Duties of
in a conspicuous place in the building or place licensed both his i'<=ensee.
license and a list, signed by the Warden, of all sub-licenses issued
under Section 5 upon his application ; and shall allow at all times

the inspection of such building or place by any magistrate or land
officer or any police officer not under the rank of inspector.

(ii) No such person shall purchase mineral ore elsewhere than
at the place where his license is posted except under and in
accordance with a sub-license issued to him under Section 5.

(iii) Every such person shall keep books of account in which
shall be entered day by day the following particulars concerning
all purchases of ore : —

(a) The date of purchase ;

{b) The seller's name and address ;

(d) The price paid ;

(e) The number and description of the title to the land from

which the ore was raised ;
and shall produce such books on demand for the inspection of any
magistrate or any land officer or any police officer not under the
rank of inspector.

14. No licensee or sub-licensee shall purchase any mineral ore vendor-s
except upon delivery to him by the vendor of a written authority saie.°'^ ^
for the sale thereof bearing the signature or chop of the person in
lawful occupation of the land from which such ore was raised or

of his duly authorized agent.

14a. (i) Any person ivho, Authority

(a) not being the person in lawful occupation of the land from given'or used.

which mineral ore was raised or the duly authorized agent e. 19 of 1919.
of such person, dishonestly affixes his signature or affixes
or causes to be affixed his chop or the chop of his principal
to a document purporting to be an authority for the sale of
the said tnineral ore, or

(b) dishonestly uses or attempts to use for the purposes of this

Enactment any document purporting to be an authority for

the sale of mineral ore, which does not hear the signature

or chop of the person in lawful occupation of the land from

which such mineral ore was raised or of his duly authorized

agent,

shall be guilty of an offence and liable on conviction to imprisonment

of either description for a term not exceeding one year or to a fine not

exceeding five hu7idred dollars or to both such imprisonment and fine.

(ii) A person whose chop is affixed to a document purporting to

be an authority for the sale of rnineral ore shall he presumed, until

the contrary is proved, to have affixed such chop, or caused the same

to be affixed, thereto.

(iii) In this section the words " dishonestly " and " document "
have the meanings assigned thereto, respectively, in the Penal Code.

15. (i) Every applicant for a license, or licensee, shall, on demand, netum of
be entitled to receive from the Warden an order on the Treasury ^'^vo^^^-
authorizing the return of any deposit made under Section 4 (i) :

478

MINERAL OllES.

K. 19 of 1919.
Penalty.

Penalty.

Rewards to
informers.

Appeal.

Certain docu-
ments exempt
from registra-
tion.

provided that no deposit shall be returned to any licensee until
after the ex])iration of one month from the date on which his license
expired.

(ii) All moneys deposited by any licensee shall be at all times
liable to be applied in satisfaction of any line inflicted upon him
by any Court.

16. Except as provided in Section 14a, any person who shall
commit any offence against the provisions of this Enactment, or
who sliall make default in complying with any obligation imposed
on him by this Enactment, shall be liable, on conviction before a
magistrate, to a fine not exceeding two hundred and fifty dollars.

17. All prosecutions under this Enactment may be had before
a magistrate of the first class.

18. The Resident may, with the approval of the Resident-General,
make rules, not inconsistent with the provisions of this Enactment,
for the purpose of further securing the effectual control of the sale,
purchase, storage, and treatment of mineral ores and the prevention
of fraud in connection therewith, and such rules, when published
in the Gazette, shall have the force of law.

19. Any person who shall commit any breach of the provisions
of any such rule shall be liable on conviction to a fine not exceeding
one hundred dollars, and, when the breach is a continuing one, to
a further fine of ten dollars for every day during which such breach
shall continue.

20. It shall be lawful for any magistrate before whom a con-
viction may be had under this Enactment to direct that any sum
not exceeding one half of any fine recovered upon such conviction
shall be paid to any person upon whose information or evidence
such conviction was obtained.

21. Any person aggrieved by any refusal or order of the Warden
under this Enactment, or any rules made thereunder, may appeal
to the Commissioner of Lands and Mines, Federated Malay States,^
whose decision shall be final ; provided that such appeal shall not
be admitted after the expiration of thirty days from the date of
the refusal or order appealed against.

22. No document purporting to give to any licensee under this
Enactment any charge, lien, or security over any ore shall in the
absence of an express provision to that effect be required to be
attested or registered under the Bills of Sale Enactment, 1900,-
or any other law by which such Enactment may be amended or
repealed, or shall be rendered in any way void or invalid by reason
of the absence of such attestation or registration, provided : — ■

(i) That the loan secured b}^ such document shall not be less
than $100 ;

(ii) That such document shall give no charge, lien, or security
on any ore after the lapse of six months from the date thereof ;

(iii) That the signatures of the parties to such documents shall
be attested by two witnesses ;

1 Pahang : substitute Resident.

2 Pahang, 1901.

Mineral ores.

479

(iv) That such document and a duplicate thereof, both duly
stamped, shall be produced in the court of a magistrate of the first
class within fourteen days of the date of its execution, and be
endorsed by such magistrate in the manner hereinafter prescribed ;

(v) That every such document shall be in the English language
and that the magistrate may refuse to endorse, or to retain, or
file the duplicate of any document the terms of which may in his
opinion not be sufficiently explicit or be liable to misconstruction.

23. Every magistrate before whom such document and duplicate Duty of
are so produced shall endorse thereon the date of production and ^""^^^"^ ^'
shall retain and file the duplicate.

Schedule A.
ENACTMENTS REPEALED.

Number.

Short title.

Extent of repeal.

Perak :

19 of 1897

Mineral Ores Enactment,
1897

The whole

16 of 1898

Mineral Ores Amendment
Enactment, 1898

Selangor :

15 of 1900

Mineral Ores Enactment,
1900

Negri Sembilan :

13 of 1900

Mineral Ores Enactment,
1900

Pahang :

16 of 1901

Mineral Ores and Licensing
of Goldsmiths Enact-
ment, 1901

3 of 1905

The Mineral Ores and Licens-
ing of Goldsmiths Enact-
ment, 1901, Amendment
Enactment, 1905

11 of 1907

The Mineral Ores and Licens-
ing of Goldsmiths Enact-
ment, 1901, Amendment

Enactment, 1907

Schedule B.
Government of .

" The Mineral Ores Enactment, 1904 "

LICENSE.

License is hereby given to of at in the District

of to purchase mineral ore within the following area, that is to

say and to keep the place hereunder specified for the purpose of

480

MINERAL ORES.

'purchasing and storing and of smelting and otherwise treating '
therein mineral ore according to the provisions of " The Mineral Ores
Enactment, 1904."

Description of place

Deposit S200.

Fee SIOO.

Dated at this day oj 1!) .

Warden oj Mines.

{To he added below by Warden.)

Description of Weights and Instruments for Weiohino
UNDER Section 7.

' Delete the words in heavy type when license to treat is not given.

Schedule C.

Government of .

" The Mineral Ores Enactment, 1904."

SUB-LICENSE.

No. of principal license

Name of licensee under principal license

No. of sub-license

This sub-license authorizes to

purchase mineral ore according to the provisions of " The Mineral
Ores Enactment, 1904," ^ within the following area that is to say

Dated at this day of 190 .

Warden of Mines.

{To he added below by Warden.)

Description of Weights and Instruments for Weighing
UNDER Section 7.
1 Pahang, 1915.

Arang

Damar Laut
Getah Taban
Kapor Baru
Kelat
Kranji

Schedule D.

Kuliin

Medang

Meranti

Minyak Krueng

Mirabau

Penak

Petaling
Resak
Tampinis
Temljusu.

EXPLOSIVES.

Perak.

Selangor.

Negri Sembilan.

Tahang.

E. 6 of 1904

E. 5 of 1904

E, 4 of 1904

16.3.190-t

29.2.1904

10.2.1904

8.6.1904

1.G.1904

1.7.1904

2G.2.1904

27.6.1904

as amended by Fed. E. 5 of 1912.

An Enactment to regulate the manufacture, use, sale,
storage, transport, importation, and exportation of
Explosive Substances.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as " The Explosives Enact- short title and
ment, 1904^," and shall come into force on a day to be fixed by the men"!*'"''''"
Resident by notification in the Gazette.

(ii) On the commencement of this Enactment the Enactment Repeal.
specified in the schedule shall be repealed to the extent mentioned
in the third column thereof.

2. All powers and duties conferred and imposed by this Enact-
ment or by any rules made thereunder on the Conservator of the
Port may, in places where there is no Conservator, be exercised and
performed by any officer whom the Resident may from time to
time by notification in the Gazette appoint in that behalf.

3. In this Enactment and in rules made thereunder unless there
is something repugnant in the subject or context —

(i) " Explosive "

(a) Means gunpowder, nitro -glycerine, dynamite, gun-cotton,

blasting powders, fulminate of mercury or of other metals,

coloured fires, and every other substance, whether similar

to those above-mentioned or not, used or manufactured

with a view to produce a practical effect by explosion or

a pyrotechnic effect ; and

{})) Includes fog-signals, fireworks, fuzes, rockets, percussion

caps, detonators, cartridges, ammunition of all descriptions,

and every adaptation or preparation of an explosive as

above defined.

(ii) " Manufacture " includes the preparation of any component

parts of an explosive, the admixture or other treatment of the same,

the breaking up or unmaking of any explosive, or making fit for use

an}'- damaged explosive, and the process of re-making, altering, or

repairing any explosive.

(iii) " Vessel " includes any steam or sailing ship, junk, boat,
sampan, or any kind of craft used for the conveyance of persons or
things by water.

1—31 481

Conservator of
Port.

Definitions.

482

EXPLOSIVES.

Extension of
definition of
explosive to
other explosive
substances.

Power to make
rules as to
licensing of the
manufacture,
possession, use,
sale, storage,
transport, im-
portation, or
exportation of
explosives.

(iv) "Carriage" includes any carriage, wagon, cart, truck, or
other vehicle used for the conveyance of goods or passengers by
land, in whatever manner the same may be propelled or moved.

(v) " Import," with its grammatical variations and cognate
expressions, means to bring or cause to be brought into the State
either by land or sea.

(vi) " Export," with its grammatical variations and cognate
expressions, means to take or cause to be taken out of the State
either by land or sea.

(vii) " Railway Administration " means in the case of a railway
worked by the Government the General Manager of the Federated
Malay States Government Railways, and in the case oi a railway
worked by a company or individual such company or individual.

(viii) " Chief Police Officer" means the police officer of highest
rank next after the Commissioner available for duty at any time in
the State.

4. The Resident may from time to time, Avith the approval of
the Resident-General, by notification in the Gazette declare that
any substance which appears to the Resident to be specially
dangerous to life or property, by reason either of its explosive pro-
perties or of any process in the manufacture thereof rendering it
liable to explosion, shall be deemed to be an explosive within
the meaning of this Enactment (subject to such exceptions, limita-
tions, and restrictions as may be specified in the notification), and
this Enactment shall accordingly extend to that substance in
like manner as if it were included in the definition of the term
" explosive."

5. (i) The Resident may, with the approval of the Resident-
General, at any time after the passing of this Enactment make
rules consistent therewith to regulate or prohibit, except under or
in accordance with the conditions of a license granted as provided
by such rules, the manufacture, possession, use, sale, storage,
transport, importation, and exportation of explosives or any specified
class of explosives. All licenses under this Enactment shall be
granted and issued by the Chief Police Officer or any officer
appointed by him in writing in that behalf.

(ii) Rules under this section may provide for all or any of the
following among other matters — that is to say,

(a) The fees to be charged for licenses and the other sums (if
any) to be paid for expenses by applicants for licenses ;
(6) The manner in which applications for licenses shall be made
and the matters to be specified in such applications ;

which licenses shall be granted ;

(d) The period for which licenses are to remain in force ; and

(e) The exemption absolutely or subject to conditions of any

explosives from the operation of the rules,
(iii) The Resident may by the rules impose penalties on all
persons manufacturing, possessing, using, selling, storing, trans-
porting, importing, or exporting explosives in breach of the rules
or otherwise contravening the rules :

EXPLOSIVES.

483

Provided that the maximum penalty which may be imposed by
any such rules shall not exceed : —

(a) In the case of a person so importing, exporting, or manu-

facturing an explosive, a fine of two thousand dollars ;

(b) In the case of a j^erson so possessing, storing, using, or

transporting an explosive, a fine of seven hundred dollars ;

three hundred dollars ; and

(d) In any other case, a fine of one hundred dollars.

(iv) Any penalty to which any person is liable under the pro-
visions of any rule made under this section may be awarded by
the Court of a Magistrate of the First Class. ,

6. (i) Whenever under this Enactment any person mentioned in Liability of
a license issued under the provisions hereof is declared liable to any ^^'"^'^3' ^°'"
pimishment, penalty, or forfeiture for any act committed by him, committed by
he shall be liable to the same punishment, penalty, or forfeiture ^"^° ' ^ '^'
for every similar act committed by any agent or servant employed

by him in or about the licensed premises.

Every agent or servant employed by any person mentioned in a
license shall also be liable to every punishment, penalty, or for-
feiture prescribed for offences against this Enactment as fully and
effectually as if such agent or servant had been the person men-
tioned in the license.

(ii) Every person employed in or about any premises licensed
under this Enactment shall be deemed to have been so employed
by the person mentioned in the license unless and until the contrary
be proved.

7. (i) Notwithstanding anything in this Enactment contained, power to
the Resident may, with the approval of the Resident-General, manufactm^e
from time to time by notification in the Gazette : — possession, or

importation

(a) Prohibit either absolutely or subject to conditions the manu- dinsSous^
facture, possession, cr importation of any explosive which explosives.
is used so as to cause danger or annoyance to the public e. 5 of 1912.
or which is of so dangerous a character that in the opmion
of the Resident it is expedient for the public safety to
issue the notification ; and

(6) Rescind or vary any notification under this section.

(ii) Any person manufacturing, possessing, or importing an
explosive in contravention of a notification issued under this section,
shall on conviction before the Court of a Magistrate of the First
Class be liable to a fine not exceeding two thousand dollars, and,
in the case of importation by water, the owner or master of the
vessel in \\hich the explosive is imported shall in the absence of
reasonable excuse each be liable on conviction before such Court
as aforesaid to a fine not exceeding two thousand dollars.

(iii) The Conservator of the Port at every port within the State
shall have and may exercise all the powers of a Magistrate of the
First Class under this Enactment.

484

EXPLOSIVES.

Power to
iniike rules
conferrinvj
powers of
inspection,
eearch, seizure,
detention, or
removal.

Power to make
rules for
testini; of
explosives
before
importation.

Notice of
accidents

Enquiry into
accidents.

Dangerous acts.

Summary
jurisdiotion ;
general penalty.

Eewards to
informers.

8. The Resident may, with the approval of the Resident-General,
make rules consistent with this Enactment authorizing any officer
either by name or in virtue of his olhce : —

(a) To enter, inspect, and examine any place, carriage, or vessel

in which an explosive is being manufactured, possessed,
used, sold, transported, or imported under a license
granted under this Enactiiient, or in wliich he has reason
to believe that an explosive has been or is being manu-
factured, possessed, used, sold, transported, or imported
in contravention of this Enactment or of the rules made
thereunder ;

(b) To search for explosives therein ;

of the value tiiereof ; and

(d) To seize, detain, remove, and, if necessary, destroy any

explosive found therein.

9. The Resident may, with the approval of the Resident-General,
make rules to regulate the tests to which various classes or any
particular class of explosives may or shall be subjected before
permission is granted to land the same in the State.

10. Whenever there occurs in or about, or in connection with,
any place in which an explosive is manufactured, possessed, or
used, or any carriage or vessel either conveying an explosive or
on or from which an explosive is being loaded or unloaded, any
accident by explosion or by fire attended with loss of human life
or serious injury to person or property, or of a description usually
attended with such loss or injury, the occupier of the place, or the
master of the vessel, or the person in charge of the carriage, as
the case may be, shall forthwith give notice thereof to the officer
in charge of the nearest police station.

11. (i) Any magistrate who is of opinion that an enquiry is
necessary into the cause of any accident of the description men-
tioned in section ten may make such enquiry.

(ii) Any magistrate making an enquiry under this section shall,
for the purposes of conducting the enquiry, have all the powers
which he would have in holding an enquiry into an offence within
his jurisdiction.

12. Any person found committing wilfully or negligently any
act which tends to cause explosion or fire in or about any factory,
magazine, hulk, vessel, store-house, or shop containing explosives
shall be liable, in addition to any other penalty to which he may
be liable, to a fine not exceeding five hundred dollars.

13. Every offence under this Enactment may be summarily tried
by a magistrate. Every person guilty of any contravention or
breach of the provisions of this Enactment or of any rule made
thereunder for which no special penalty has been prescribed shall
be liable to a fine not exceeding one hundred dollars.

14. In case of a conviction under any section of this Enactment,
or for breach of any rule thereunder, involving a fine, it shall be
lawful for the court inflicting such fine to direct on the application
of the police officer in charge of the prosecution that any part,
not exceeding one-half thereof, shall be jiaid to any person who

EXPLOSIVES. 485

has, or divided in such proportions as the court may order amongst
any persons who have, given such information to the police as
has led to the conviction of the offender or offenders.

15. Whenever a person is convicted of an offence punishable Forfeiture of
inider this Enactment, or the rules made thereunder, the court "^^'osives.
before which he is convicted may direct that the explosive, or
ingredient of the explosive, or the substance (if any) in respect of

which the offence has been committed, or any part of that explosive,
ingredient, or substance, shall, with the receptacles containing the
same, be forfeited.

16. Where the owner or master of a vessel is adjudged under seizure and
this Enactment to pay a fine for an offence committed with or ^aie of vessels.
relating to that vessel the court may, in addition to any other

power which it may have for the purpose of compelling payment
of the fine, direct it to be levied by seizure and sale of the vessel
and the tackle, apparel, and furniture thereof, or so much thereof
as is necessary.

17. Whoever abets the commission of an offence punishable Abetment
under this Enactment, or the rules made thereunder, or attempts *°"^ aw^mp .
to commit any such offence, and in such attempt does any act
towards the commission of the same, shall be liable to the same
penalty as if he had committed the offence.

18. Whoever is found committing any act punishable under this Power to arrest
Enactment, or the rules made thereunder, which tends to cause warrant persons
explosion or fire in or about any place where an explosive is manu- committing
factured or stored or any railway or port or any carriage or vessel offences.
may be arrested without a warrant by a police officer, or by the
occupier of, or the agent or servant of, or other person authorized

by the occupier of that place, or by an agent or servant of, or other
person authorized by the railway administration or Conservator
of the Port, and be removed from the place where he is arrested
and conveyed as soon as conveniently may be before a magistrate.

19. Nothing in this Enactment shall apply to the manufacture, saving for
possession, use, sale, storage, transport, importation, or exportation "^g^'^slonTuse,

of any explosive sale, transport,

/ \ T\ 1 n It n ■ or importation

(a) By order oi the Government ; or by Government.

(b) By any person employed under the Government in the

execution of this Enactment, or as a keeper of a maga-
zine, artisan, soldier, sailor, police officer, or otherwise, or
enrolled as a volunteer, in the course of his employment
or duty as such.

20. Nothing in this Enactment shall apply to any vessel-of-war saving clause
of His Britannic Majesty. ^ess^fof^war

21. No rule made under this Enactment shall take effect until rubiication of
it has been published in the Gazette. ™'^"

22. It shall be lawful for the Resident to authorize the erection Resident may
of such magazines, or the establishment of such hulks, as he may authorize

. -, PI i>/-N 1 magazmes or

consider necessary for the storage of Government explosives, or huiks.
for the storage or safe custody of explosives belonging to other
persons, and to fix a scale of fees to be paid for the use of Govern-
ment magazines or any portion thereof.

486

EXPLOSIVES.

Peea.

Protection to
otticera.

23. 'riu' Rf.sidcut may, with the approval of the Resident-
General, from time to time maice rules consistent with this Enact-
ment to determine the fees to be charged under this Enactment
and may direct by w hom and in what manner the same are to be
collected and accounted for.

24. (i) No action shall })e brought against any person for any-
thing done or bond fide intendcil to be done in the exercise or
supposed exercise of the powers given ])y this Enactment or by
any rules made thereunder —

{(i) Without giving to such person one month's previous notice

in Avriting of the intended action and of the cause thereof ;

{h) After the expiration of three months from the date of the

accrual of the cause of action ;
(c) After tender of sufficient amends,
(ii) In every action so brought it shall be expressly alleged that
the defendant acted either maliciously or negligently and without
reasonable or probable cause ; and if at the trial the plaintiff shall
fail to prove such allegation, judgment shall be given for the
defendant.

(iii) Though judgment shall be given for the plaintiff in any
such action, such plaintiff shall not have costs against the defendant
unless the magistrate before whom the action is tried shall certify
his approbation of the action.

The Schedule.
ENACTMENTS REPEALED.

Number or date.

Subject.

Extent of repeal.

Perak :

0. in C. of 22nd

Importation and Sale

The whole, in so

far

September, 1886

of Arms and Am-

as not already

re-

munition

pealed

Selangor :

Order of 30th

Importation and Use

The whole

July, 1881

of Dynamite

Regulation 6 of

Restriction of the

The whole, in so

far

1890

Importation, Sale,

as not already

re-

Possession, and Use

pealed.

of Arms

Negri Sembilan :

E. 7 of 1898

Firearms Enactment,

The whole, in so

far

1898

as not already
pealed

re-

Pahang :

E. 1 of 1899

Firearms Enactment,

The whole, in so

far

1899

as not already
pealed.

re-

NATURALIZATION.

Perak.

E. 22 of 1904

24.8.1904

9.9.1905

Selangor.

E. 22 of 1904

20.9.1904

14.11.1904

Nefrri Pembilan.
E. 21 of 1904
14.12:1900
30.1.1905

Pahang.
E. 14 of 1904
25.9.1904
1.12.1904

An Enactment to provide for the Naturalization of AKens.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Naturalization Enact- short title and
ment. 1904," and shall come into force at the expiration of one ment!^"*^^'
month after the publication thereof in the Gazette.

2. Any person, not being a natural born subject of the Ruler of who may me-
any of the Federated Malay States, who at the time of presen- "'o^^"^®*
tation of the memorial hereinafter referred to has resided in the
Federated Malay States for a term of not less than five years and

intends when naturalized to reside permanently therein, may
whilst actually residing in the State present, through the Resident,
a memorial to His Highness the Sultan in Council, prajdng that
the privileges of naturalization may be conferred upon him.

3. Such memorial shall state, to the best of the knowledge and contents of
belief of the memorialist, his age, place of birth, place of residence, '"^™°'''^'-
profession, trade, or occupation, the length of time during which he

has resided A\-ithin the Federated Malay States, and that he is
permanently settled in the Federated Malay States or is residing
A^dthin the same with intent to settle therein ; and such memorial
shall be in ^vriting and signed by the memorialist and accompanied
by an affidavit sworn by him verifying the truth of the statements
contained therein.

4. In considering the prayer of any such memorial His Highness Further infer-
tile Sultan^ in Council may require such further information and nation.
evidence, either by affidavit or other^Wse, as may seem proper, in
addition to the affidavit of the applicant accompanying his memorial,

5. If after such enquiry it shall appear expedient. His Highness Grant to memo-
the Sultan ^ in Council may grant the prayer of the petitioner's auejajicef ^ °^
memorial, whereupon he shall be required to appear Avithin 14 days

to take the oath of allegiance in the form contained in the schedule
before such officer as may be appointed by the Resident for that
purpose.

6. When the oath of allegiance shall be so taken, a certificate of ^^^l^'^^'j^^yoj,
naturalization shall be drawn up by the officer who may have
administered the oath, setting out such portions of the memorial as

may seem material and stating that the oath of allegiance has been
1 N.S. : substitute the Yang di Pertuan and Chiefs.
487

488

NATURALIZATION.

Record of
certificate.

Privileges con-
ferred.

I£ oat.li not
taken in 14 days
grant to be
void.

Revocation of

grant.

Publication In
Oazelte.

Certificates
issued in other

States.

Rules.

taken and that all the rights, privileges, and capacities of a natural-
\'mh\ subject of His Highness the Sultan ^ have been conferred on
the memorialist under this Enactment, except such rights, privileges,
and capacities, if any, as may be specially excepted.

7. The certificate of naturalization shall be signed by the Resident
and given to the memorialist, but a co]>y thereof, together with
the memorial and all documents, affidavits, and evidence annexed
thereto, shall be filed in the office of the Resident.

8. Upon obtaining such certificate and taking and subscribing
the oath as hereinbefore prescribed the memorialist shall, within
the State, be deemed a natural born subject of His Highness the
Sultan ^ as if he had been born within the State, and shall be entitled
■within the State to all the rights, privileges, and capacities of a sub-
ject of His said Highness born Avithin the State, except such rights,
privileges, and capacities, if any, as may be specially excepted in
such certificate.

9. If the memorialist do not appear and take the oath of allegiance
Avithin 14 days from the date of service on him of notice to that effect,
the grant of naturalization shall ipso facto be null and void.

10. If any material statement contained in such memorial shall
be false His Highness the Sultan 2 in Council may, by an order in
writing, declare the certificate issued upon such memorial to be
null and void to all intents and purposes, and from and after such
order all the rights, privileges, and capacities derived through such
certificate shall cease to exist.

11. Every issue of a certificate under this Enactment and CA'ery
order cancelling any such certificate shall be notified by publication
in the Gazette.

12. The person named in any certificate of naturalization issued
and in force in any other of the Federated Malay States under the
provisions of the law of such State shall Avhen Avithin the State be
deemed, so far as may be consistent with the terms of such certi-
ficate, to be a natural born subject of the Ruler of the State wherein
such certificate was issued.

13. The Resident may, with the approval of the Resident-General,
from time to time make rules to prescribe —

(a) The fees to be paid for the proceedings authorized by this
Enactment ; all such fees shall be paid into the Treasury
to the credit of the public revenue ;

(6) The form and registration of certificates of naturalization.

All rules made under this section shall be published in the Gazette
and shall thereupon have the force of law.

Schedule.

I, A. B., of (here state the description of the person) do SAvear
(or affirm) that I Avill be faithful and bear true allegiance to His

Highness, Sultan ^ of and his succe'ssors.

(Signed) A. B.

1 N.S.

2 N.S.

substitute the Yang di Pertuan.
substitute the Yang di Pertuan and Chiefs.

GOVERNMENT DEBTS PRIORITY.

Pcrak. Selangor. Negri Scmbilan. Pahang.

E. 24 of 190t E. 27 of 1904 E. 22 of 1904 E. 15 of 1904

25.10.1904 7.11.1904 14.12.1904 21.11.1904

4.11.1904 8.12.1904 30.12.1904 19.12.1904

An Enactment to secure to Government Debts priority of
payment over other Debts.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as "The Government Debts short title and
Priority Enactment, 1904," and shall come into force on the publi- commencement.
cation thereof in the' Gazette.

2. All debts due and claims owing from time to time by any Priority o£
person to the Resident-General or to the Government of the State, aewfs™™'''''^
whether upon judgment, bond, or other specialty, or upon simple
contract or otherwise, shall be entitled from the date of the accrual
thereof, respectively, to a preference of payment over all debts

or claims of every kind which shall, subsequent to such date, have
been contracted or incurred by or become due from such person
to any other person whomsoever.

3. Nothing in this Enactment contained shall affect any right Registered
vested in any person by virtue of a mortgage or charge of immovable ^arge'not"'^
property duly registered in the manner provided by law for the affected.
registratioii of such mortgage or charge.

489

COURT FEES.

Perak.

Selangor.

Negri Sembilan.

Pabang.

E. 1 of 1905

E. 2 of 1905

E. 1 of 1905

28.1.1905

16.1.1905

15.3.1905

6.0.1905

15.4.1905

5.5.1905

1.9.1905

An Enactment to provide for the Payment of Fees in
Courts of Justice.

Short title,
commencement,
and repeal.

Documents not
to be received,
tiled, etc.,
unless fee paid.

Procedure in
case of
difference as
to fee.

Computation of
fees payable in
certain suits.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as " The Court Fees Enact-
ment, 1905," and shall come into force on a day to be fixed by the
Resident by notification in the Gazette.

(ii) On the coming into force of this Enactment the Enactments
specified in Schedule I shall be repealed to the extent mentioned
in the third column thereof.

2. No document or proceeding of any of the kinds specified in
Schedules II, III, IV, V, or VI as chargeable with foes shall be
received or furnished by or filed, exhibited, recorded, used, or trans-
acted in any court [constituted by the " Courts Enactment, 1900 " ^]
for the administration of civil and criminal justice in the State,
unless in respect of such document or proceeding there be paid
a fee of an amount not less than that indicated from time to time
by any of the said schedules as the proper fee for such document
or proceeding ; provided that the liability to payment of fees
hereby imposed shall not, so far as relates to any fees included
from time to time in Schedule V, apply to any person being a public
servant, within the meaning of the Penal Code, when acting as
such public servant in a matter in respect of which such fees would
otherwise be payable by such person.

3. (i) When any difference arises between the officer whose duty
it is to see that any fee is paid under this Enactment and any suitor
or solicitor, the question shall be referred to the presiding officer
of the court, whose decision thereon shall be final, except when the
question is, in his opinion, one of general importance, in which
case he shall refer it to the final decision of the Judicial Commis-
sioner.

(ii) This section does not apply to questions of valuation provided
for by Section 8.

4. The amount of fee payable under this Enactment in the suits
next hereinafter mentioned shall be computed as follows :

(i) In suits for money (including suits for damages or compen-

1 N.S.. 1901.
490

COURT FEES. 491

sation, or arrears of maintenance, of annuities, or of other sums
payable periodically) — according to the amount claimed.

(ii) In suits for maintenance and annuities or other sums payable
periodically — according to the value of the subject-matter of the
suit, and such value shall be deemed to be ten times the amount
claimed to be payable for one year.

(iii) In suits for movable property other than money, where the
subject-matter has a market value — according to such value at
the date of presenting the plaint.

(iv) In suits

(a) for movable property where the subject-matter has no

market-value, as, for instance, in the case of documents
relating to title ;

(b) to obtain a declaratory decree or order, where consequential

relief is prayed ;

{d) for a right to some benefit (not by this Enactment other-
wise provided for) to arise out of immovable property ;
and

(e) for accounts

according to the amount at which the relief sought is valued in the
plaint ; and in all such suits the plaintiff shall state the amount
at which he values the relief sought, and if the relief sought is under-
valued the court may require the plaintiff to correct the valuation.

(v) In suits for the possession of immovable property — according
to the value of the subject matter, which the court shall estimate
with reference to the value of similar immovable property in the
neighbourhood.

(vi) In suits to set aside an attachment of immovable property
or of an interest therein — according to the amount for which such
property or interest was attached ; provided that where such amount
exceeds the value of the property or interest the amount of fee
shall be computed as if the suit were for the possession of such
property or interest.

(vii) In suits against a mortgagee or chargee for the redemption
or recovery of the property mortgaged or charged, and in suits
by a mortgagee or chargee to foreclose or realize the mortgage or
charge — according to the principal money expressed to be secured
by the instrument of mortgage or charge.

(viii) In suits for specific performance

(a) of a contract of sale — according to the amount of the con-
sideration ;

(6) of a contract of mortgage or charge — according to the amount
agreed to be secured ;

the premium (if any) and of the rent agreed to be paid
during the first year of the term ;

(d) of an award — according to the amount or value of the

property in dispute,
(ix) In the following suits between landlord and tenant —
(a) for the delivery by a tenant of the counterpart of a lease ;

492

COURT FEES.

Commission to
ascertain valuo
o£ immovable
property.

Procedure
where valne
wrongly
estimated.

Procedure in
certain cases
where amount
decreed exceeds
amount
claimed.

Decision of
questions as to
valuation.

(h) for tho delivery by a landlord of a lease ;
(c) to recover the occu])aney of immovable ])ro})erty from which
a tenant has been illegally ejected by the landlord —

according to the amount of tho rent of the property to which the
suit refers, payable for the year next before the date of presenting
the plaint.

5. If in any such suit as is mentioned in sub-section (v) of the
last preceding section the court sees reason to think that the value
of any immovable property has been wrongly estimated, the court
may, for the purpose of computing the fee payable in such suit,
issue a commission to any proper person, directing him to make
such local and other investigation as may be necessary and to
report thereon to the court.

6. (i) If in the result of any such investigation the court finds
that the value has been wrongly estimated, the court, if the estima-
tion has been excessive, may in its discretion refund the excess
paid as such fee ; but, if the estimation has been insufficient, the
court shall require the plaintiff to pay so much additional fee as
would have been payable had the said value been rightly estimated.

(ii) In such case the suit shall be stayed until the additional
fee is paid. If the additional fee is not paid within such time as
the court shall fix, the suit shall be dismissed.

7. (i) In suits for mesne profits, or for immovable property and
mesne profits, or for an account, if the profits or amount decreed
are or is in excess of the profits claimed or the amount at which
the plaintiff valued the relief sought, the decree shall not be executed
until the difference between the fee actually paid and the fee which
would have been payable had the suit comprised the whole of the
profits or amount so decreed shall have been paid to the proper
officer.

(ii) Where the amount of mesne profits is left to be ascertained
in the course of the execution of the decree, if the profits so ascer-
tained exceed the profits claimed, the further execution of the decree
shall be stayed until the difference between the fee actually paid
and the fee which would have been payable, had the suit comprised
the whole of the profits so ascertained, is paid. If the additional
fee is not paid \vithin such time as the court shall fix, the suit shall
be dismissed.

8. (i) Every question relating to valuation for the purpose of
determining the amount of any fee chargeable under this Enact-
ment on a plaint shall be decided by the presiding officer of the
court, and such decision shall be final as between the parties to
the suit.

(ii) Whenever any such suit comes before a court of appeal,
reference, or revision, if such court considers that the said question
has been wrongly decided, to the detriment of the revenue, it shall
require the party by whom such fee has been paid to pay so much
additional fee as would have been payable had the question been
rightly decided, and the provisions of Section 6 sub-section (ii)
shall apply.

COURT FEES.

493

9. Where an application for a review of judgment is presented Refund of fee
on or after the thirtieth day from the date of the decree, the court, {'"rrJ.'J.'ietvo""
unless the delay was caused by the applicant's laches, may in its judgment.
discretion grant him a certificate authorizing him to receive back

from the Government so much of the fee paid on the application
as exceeds the fee which would have been payable had it been
presented before that day.

10. (i) Where an application for a review of judgment is ad- Refund where
mitted and where on the re-hearing the court reverses or modifies reverend or
its former decision on the ground of mistake in law or fact, the ™oun'd'!)f°"
applicant shall be entitled to a certificate from the court authorizing mwtake.
him to receive back from the Government so much of the fee paid

on the application as exceeds the fee payable on an application to
the court under Schedule IV.

(ii) Nothing in sub-section (i) shall entitle the applicant to such
certificate where the reversal or modification is due, wholly or in
part, to fresh evidence which might have been produced at the
original hearing.

11. Notwithstanding anything in this Enactment contained, Supply of
every person committed for trial before the Court of the Judicial persons com-"
Commissioner or of the Senior Magistrate shall, on demand, be niitted for trial.
supplied by the Registrar of such Court, free of charge, with a copy

of the depositions taken against him.

12. The Judicial Commissioner may, with the aj)proval of the powertomake
Resident-General, from time to time make rules to provide for — '■'^^'^•

(a) the mode in which fees chargeable under this Enactment
shall be collected ;

{b) the keeping of accounts of fees collected under this Enact-
ment ;

collected by stamps ;

(d) the fees chargeable for serving and executing processes
issued by any Court.

13. Unless and until such rules are made the said fees shall be
collected, accounts kept, and stamps cancelled in the manner in use
at the time of the commencement of this Enactment.

Until rules
made practice
to remain
unaltered.

received.

14. Any rules made under this Enactment shall be published in Publication of
the Gazette and shall thereupon have the force of law. '^"'^^"

15. (i) No document in respect of which a fee ought to be paid Provision as to
under this Enactment shall be of any validity unless and until such inT(?^rtentiy
fee is duly paid.

(ii) If any such document is through mistake, or inadvertence
received, furnished, filed, exhibited, recorded, or used, without such
fee being paid, the presiding officer of the Court may, if he thinks
fit, order that such fee be received, and upon payment thereof the
document and every proceeding relative thereto shall be as valid as
if such fee had been duly paid in the first instance.

494

COURT FEES.

Provision as to

uinendcd

Uocuiiicnts.

Exceptio!! as
to criminal
cases.

Power to
Judicial
Commissioner
to alter fees.

16. VVlicrc any document chargeable with a fee under this
Enactment is amended in order merely to correct a mistake and to
make it conform to the original intention of the parties, it shall not
bo necessary to impose a fresh fee.

17. Whenever the filing or exhibition in a criminal court of a
document in respect of Avliich the proper fee has not been paid is,
in the opinion of the presiding officer of the Court, necessary in
order to prevent a failure of justice, nothing in this Enactment shall
be deemed to prohibit such filing or exhibition.

18. The Judicial Commissioner may, with the approval of the
Resident-General, from time to time, by order published in the
Gazette, prescribe new fees, either in lieu of or in addition to existing
fees, and may increase, reduce, or abolish all or any of the fees in-
cluded from time to time in Schedules II, III, IV, V, and VI and
may in like manner cancel or vary any such order.

Schedule I.
ENACTMENTS REPEALED.

Number.

Short title.

Extent of repeal.

Perak :

0. in C. of 4th

Powers of Penghulus

The whole

March, 1879

O.in C. of 24th

Court Fees . .

The whole in so far

August, 1886

as it has not al-

ready been repealed

Selangor :

No. 3 of 1900, as

Courts Enactment,

Section 21, in so far

amended by No.

1900

as it relates to the

14 of 1902

Indian Court Fees
Act, 1870 (Act VII
of 1870)

Negri Sembilan :

0. in C. of 25th

Table of Fees, Sungei

The whole, in so far as

October, 1894

Ujong and Jelebu

it has not already

(Sungei Ujong)

Courts

been repealed

Pahang :

Nil.

Schedule II.

Under the powers conferred by Section 18 of " The Court Fees Enact-
ment, 1905," the Judicial Commissioners, with the approval of the
Resident-General, hereby make the folloiving order to come into effect
on the 15th February, 1911 :

The fees included in Schedules III and IV to the said Enactment
are abolished and in lieu of the said, fees and of the fees included in
Schedule II to the said Enactment abolished by the order made by the

COURT FEES.

495

Judicial Commissioners, loith the approval of the Resident-General, on
the 24th day of April, 190G, the following fees are prescribed, which,
so far as they may be applicable, shall be chargeable in cdl Courts
other than the Courts referred to in Schedide VI of the said Enactment :

5 00

FEES IN CIVIL MATTERS.

In all Courts other than the Courts referred to in
Schedule VI.

1. Plaint {not otherivise j^rovided for in this schedule) pre-

sented in a Civil Court —
When the amount or value of the subject matter in
dispute —

does not exceed $10
exceeds $10 but does not exceed $25
exceeds $25 but does not exceed $50
exceeds $50 but does not exceed $100
exceeds $100 but does not exceed $500
exceeds $500 but does not exceed $1,000
exceeds $1,000 but does not exceed $2,500
When the amount or value of the subject matter
in dispute exceeds $2,500 the fee shall be at the rate
of $1 for every $100 or part thereof, provided that
the maximum fee leviable on a plaint shall be $100.

2. Plaint in any suit where it is not possible to estimate at

a money value the subject matter in dispute —
if presented in a Magistrate's Court
if presented in Court of a Judicial Commis-
sioner . . . , . . . . . . . . 25 00

3. Plaint in a suit betiveen layidlord and tenard for posses-

sion of immovable property when the monthly rent
payable in respect thereof —

does not exceed $100

exceeds $100 but does not exceed $500 . .

exceeds $500 but does not exceed $1,000

exceeds $1,000

4. Claim against the estate of an insolvent {unless a judg-

ynent has already been obtained in the Federated
Malay States in respect of such claim) . .

5. Application for review of judgment —

(a) if presented on or after the thirtieth J 77 .7 '

day from the date of the decree 1 , .

(b) if presented before the thirtieth day J j - j,j

rom the date of the decree ,7 7 • ^

' [ the plaint

6. Application for execution when the amount due on the

decree — $ c.

does not exceed $500 . . . . . . . . 50

exceeds $500 but does not exceed $2,500 . . 1 00

exceeds $2,500 5 00

100

496

COURT FEES.

Order for, or ivarrant of, sale of property to be conducted
by a public servant whether by way of execution or
otherwise —

by way of poundage on the gross amount 1 „

realized up to $500 r ^ V^^ ^^^t.

10.
11.

12.

and if the gross amount realized exceeds
$500

8. Summons to defendant {for each defendant named)
in a Magistrate' s Court . .
in a Court of a Judicial Commissioner .

9. Summons to witness {for each tvitness named) —
in a Magistrate's Court . .
in a Court of a Judicial Commissioiier .

Order for, or ivarrant of, attachment of property .

Warrayit of commitment or arrest {for each
named) —

in a Magistrate's Court . .

in a Court of a Judicial Commissioner .

Notice of every kind, including notice of appeal to the
Court of Appeal {for each person to be notified)

13. Affidavit or declaration {for each jjcrson making the

same)

14. Bond {for every party executing the same)

15. Petition {for every petitioner named in the same)

16. Search {for every matter iti respect of which the safne is

made)

17. Memorandum of appeal —

to the Court of a Magistrate of the First Class . .

against a decision of a Magistrate

against a decision of a Judicial Commissioner . .

18. Copy of decree, judgment, order, or injunction —

(a) of the Court of Appeal

(b) of any other Court to which this schedule

applies

Applications to Court, including qjetitions, motions, and
summonses {not otherwise provided for)

Caveat in probate or administration proceedings
Probate or letters of administration when the value of
the estate exceeds $500

22. Commission for any purpose {in addition to ex^oenses of
the commission) . .

A further fee
of 1 per cent,
on all gross
Jjroceeds in
excess of
$500

r\ $

erson

20
21

1 00

COURT FEES.

497

c.
00

23, Filing or issuing any document not herein otherwise %

provided for, other than a statement of defence . . 1

24, Copies of depositions, orders, records, and other pro-

cesses or proceedings of the Court, certified under the
seal of the Court and signature of a Magistrate or other
duly authorized officer of the Court, per folio of 100
ivords or any part of such folio

25, Translation by an interpreter attached to the Court, per

folio of 100 ivords or any part of such folio . .

20. On filing a memorandum of appearance by an advocate
and solicitor where a party has originally appeared
in person or of change or discharge of advocate and
solicitor or of change of address for service . . . . 1 00

27. On certificate or allocatur of the result of a taxation of

a bill of costs . . . . . . . , . , . . 2

28. On the petition of a laiv clerk to be examined . . . . 10

29. On a certificate or report by the Registrar to the Court

not being a certificate of costs and not being a cer-
tificate of the result of an appeal from a Magistrate's
decision . . . . . . . . . . . . . . 1 00

00
00

Schedule V.
FIXED FEES IN CRIMINAL MATTERS

1 . Summons to defendant (for each defendant named)

2. Summons to witness (for each witness named)

3. Warrant of arrest (for each person named)

4. Search warrant

5. Bond (for every party executing same) . .

6. Proclamation

50
50
50
50
50
00

The fees chargeable in respect of matters not otherwise provided
for in this schedule shall be identical in amount with those charge-
able in corresponding cases under Schedule IV.

Schedule VI.

FEES IN COURTS OF PENGHULUS, KATHIS, AND
ASSISTANT KATHIS.

1 . Summons to defendant (for each defendant named)

2. Summons to witness (for each witness named) . .

3. Copy of decree

4. Institution of suit in Penghulu's Court . .

20
10
20

{Two per cent, of the
value of the subject
matter.

1—32

FEDERATED MALAY STATES TRISONERS.

Perak.

Sclangor.

Negri Scmbilan.

Paliang.

E. 2 of 1905

E. 3 of 1905

E. 2 of 1905

28.1.1905

16.1.1905

15.3.1905

6. G. 1905

10.2.1905

3.2.1905

24.3.1905

1.7.1905

Short title,
commencement,
and repeal.

Interpretation.

Transfer of
prisoners from
the State to
another of the
P.M.S.

An Enactment to provide for the transfer of Prisoners to
and from any other of the Federated Malay States
to undergo sentences of death or imprisonment.

It is hereby enacted by His Highness the Sultan in Council as
follows :

1. (i) This Enactment may be cited as " The Federated Malay
States Prisoners Enactment, 1905," and shall come into force upon
the publication thereof in the Gazette.

(ii) Upon the coming into force of this Enactment the Enactment
specified in the schedule shall be repealed to the extent mentioned
in the third column thereof.

2. In this Enactment the following expressions shall, unless the
context otherwise requires, have the meanings hereby assigned to
them :

" Criminal lunatic " means a person detained in custody by reason
of his having been charged with an offence and either found to have
been insane at the time of such offence, or found or certified or other-
wise lawfully proved to be unfit, on the ground of insanity, to be
tried for the same ; and includes a person convicted of an offence
and afterwards certified or otherwise lawfully proved to be insane.

" Sentence of imprisonment " means any sentence involving
confinement in a prison, whether combined or not with labour, and
includes a sentence awarded by way of commutation as well as an
original sentence passed by a court of justice.

3. (i) A prisoner under a sentence of death which the Ruler of
the State in Council has ordered to be carried out may, by order
of the Resident, be transferred to any other of the Federated
Malay States there to undergo his sentence.

(ii) A prisoner undergoing a sentence of imprisonment for any
offence may, by order of the Resident, be transferred to any other
of the Federated Malay States there to undergo his sentence, or
the residue thereof.

(iii) No order under this section shall be made except with the
consent of the Resident of the State to which such prisoner is to
bo transferred, and such consent shall be expressly set forth under

498

FEDERATED MALAY STATES PRISONERS.

499

the hand of the said Resident, or of the Secretary to the said Resi-
dent, on the face of the said order.

4. On the transfer to the State, with the consent of the Resident, sentences of
from any other of the Federated Malay States of a prisoner under transfe^ed to
sentence of death or sentence of imprisonment, such prisoner shall the state.
be conveyed to such prison in the State as the Resident may direct

and shall there undergo his sentence or, in the case of a sentence
of imprisonment, the residue thereof.

5. Every warrant and order relating to the sentence of any warrants and
person transferred to the State, with the consent of the Resident, "J'pr'isonere'""
from any other of the Federated Malay States, issued or made transferred to
under the provisions of the Code of Criminal Procedure in force

in the State in which the said sentence was passed, shall, unless the
Resident in any particular case otherwise direct, have the same
force and effect as if it had been duly issued or made under " The
Criminal Procedure Code, 1902," ^ of the State.

6. The provisions of this Enactment shall apply to a criminal criminal
lunatic in like manner, so far as consistent with the tenor thereof, ""'^ ^^^'
as they apply to a sentence of imprisonment.

Schedule.
ENACTMENTS REPEALED.

Number.

Short title.

Extent of repeal.

Pk.

4 of 1896 ]

" Federated Malay States

The whole

Sel. :

6 of 1896 \

Prisoners Enactment,

N.S.

: 13 of 1896

■ 1896"

Pg.:

3 of 1897

" Federated Malay States
Prisoners Enactment,

The whole

1897 "

N.S. andPahang, 1903.

MILITARY MANOEUVRES.

Perak.

Selangor.

Negri Semliilan.

Pahang.

E. 12 of 1905

E. 5 of 1905

E. 4 of 1905

26.10.1905

3.4.1905

5. G. 1905

6.6.1905

3.11.1905

28.4.1905

30.6.1905

1.7.1905

Short title and
commencemeut.

Power to autlio-
rize execution
of manoeuvres.

Notice of
nianceuvres.

Publication of
notice.

Wlien no notice
is necessary.

Powers of
persons engaged
in manoeuvres.

An Enactment to facilitate Military Manoeuvres and
Firing Exercises.

It is hereby enacted by His Highness the Sultan in Council as
follows :

1. This Enactment may be cited as " The Military Manoeuvres
Enactment, 1905," and shall come into force upon the pubhcation
thereof in the Gazette.

8. Subject to the provisions of this Enactment it shall be lawful
for the Officer Commanding the Troops in the Federated Malay
States to authorize the execution of military manoeuvres for training
purposes in any part of the State and at any time of the year.

3. (i) Whenever the number of troops to be engaged in such
manoeuvres exceeds five hundred notice in writing shall be given
to the Secretary to the Resident at least one month before the
date on which it is proposed to execute such manoeuvres, specifying
the date of the commencement of such manoeuvres, the period
not exceeding three months during which and approximately the
limits within which such manoeuvres are to be executed. Such
notice shall also specify a date not earlier than one month from
the conclusion of the manoeuvres within which claims for compen-
sation arising from the putting in force the provisions of this Enact-
ment shall be sent to an officer to be named in such notice and
called the Comj^ensation Officer.

(ii) The Secretary to the Resident shall cause copies of such
notice to be posted in every village and at other convenient places
within the limits therein mentioned at least fourteen days before
the day named for the commencement of such manoeuvres.

(iii) Whenever the number of troops to be engaged in such
manoeuvres does not exceed five hundred no such notice as in the
first sub-section mentioned shall be necessary. Provided that
where no such notice is given the military manoeuvres shall not
extend beyond a period of forty-eight hours.

4. When any military manoeuvres are being executed under
this Enactment such persons as are engaged in the manoeuvres
may within the limits specified in such notice, if any, as aforesaid
and during the specified period : —

(a) Pass over and encamp, construct military works not of a
permanent character and execute military manoeuvres
on any land ;

500

MILITARY MANCEUVRES. 501

(6) Supply themselves with water from any sources of water
public or private and for that purpose dam up any running
water : provided that such damming does not interfere
with any trade or industry and that nothing in this
Enactment shall authorize the taking of water from any
source of supply belonging to a private owner or public
authority except subject to the supply shewn to be
required by those entitled to use such water supply.

Provided always that nothing in this Enactment shall authorize
entry on or interference with any dwelling house, place of worship,
school, factory, store, or premises used for the carrying on of any
business or manufacture or any ground attached to any place of
worship or school or any premises enclosed within the curtilage
of or attached to any dwelling house.

5. Full compensation shall be made by the Officer Commanding compensation
the Troops in the Federated Malay States for any damage to ^°'^^'™''se.
persons or property or interference with rights or privileges arising

from putting in force any of the provisions of this Enactment
whether or not occasioned by the acts or defaults of the forces
engaged in the manoeuvres, including therein all expenses reason-
ably incurred in protection of person, property, rights, and privi-
leges, and any damage by reason of excessive weight or extra-
ordinary traffic caused to any highway for the repair of which any
public body or any individual is responsible. Such compensation
shall be paid to all j)ersons who send in their claims to the
Compensation Officer named in such notice as aforesaid within
the period named in such notice or, if there is no such notice, to
the Revenue Auditor within one month from the conclusion of the
manoeuvres.

6. If the amount of compensation is not settled by agreement Arbitration in
between the Compensation Officer and the claimant or between the ment° '^'^^°'^^®"
Revenue Auditor and the claimant, as the case may be, the difference

between them shall be referred to arbitration and the sending in
of a claim for compensation shall be treated as a reference to
arbitration under " The Civil Procedure Code, 1902," and the
reference shall be to two arbitrators having power to appoint an
umpire under the provisions of that Enactment.

7. (i) If during the continuance of any military manoeuvre under offences.
this Enactment any person —

(a) Wilfully and unlawfully interferes with the execution of

the manoeuvres ;
(6) Without due authority enters or remains in any camp ;

he shall be liable on summary conviction to a fine not exceeding
twenty dollars, and he and any animal or vehicle under his charge
may be removed by any police officer or by order of any com-
missioned officer of the forces engaged in the manoeuvres.

(ii) If during the continuance of such manoeuvres any person —

(a) Without due authority moves any flag or other' mark dis-

tinguishing for the purposes of the manoeuvres any lands ;
or

(b) Maliciously cuts or damages any telegraph or telephone

502

MILITARY MANGEUVRES.

Manopuvres not
to be lieia iu
cutfhiiu'rit area
of waterworks.

Manoeuvring
and Ijring
grounds.

Powers
of Officer
Commanding
Troops with
respect to
maiiceuvring
ground.

Powers
of Officer
Commanding
Troops in re-
spect of firing
ground.

wire laitl down by or for the use of the forces engaged in
the manoeuvres ;

ho shall 1)0 liable on summary conviction to fine not exceeding
lift}^ dollars.

8. No military manoeuvres shall be executed and no military
encampment made on any land forming part of the catchment
area in connection A\ith the impounding reservoir of any public
waterworks or on any land set apart for the collection of water for
the supply of any public waterworks.

9. It shall be lawful for the Resident-General from time to time
by proclamation to declare —

(a) That any area specified in such proclamation shall be a
manoeuvring ground ;

(h) That any area specified in such jiroclamation shall be a
firing ground ;

and from time to time in like manner to declare that any such area
or part of such area shall cease to be a manoeuvring ground or a
firing ground as the case may be.

10. (i) The Officer Commanding the Troops in the Federated
Malay States shall have the following powers in respect of any
manoeuvring ground so declared under this Enactment —

(a) He may at any time direct military manoeuvres to be

carried on within the manoeuvring ground without giving
the notice required by Section 3 hereof ;

(b) He may exercise with respect to the performance of man-

oeuvres within the manoeuvring ground all the powers
vested in him for the purpose of military manoeuvres by
Section 4 hereof.

(ii) All the provisions hereinbefore contained with regard to —

(a) The powers exercisable for the purpose of military
manoeuvres ;

(6) Compensation for damage and assessment of compensation ;

shall be applicable to all manoeuvres carried on in and over the
manoeuvring ground.

11. (i) The Officer Commanding the Troops in the Federated
Malay States shall have the following powers in resj)ect of any
firing ground so declared under this Enactment —

(a) He may at any time cause firing exercises of any kind or
experiments in gunnery or any act or practice incidental
to such exercises or experiments or any other military
exercise to be carried out within the firing ground giving
ngt less than twenty-four hours' notice thereof to the
occupiers of land in or over which such exercises, experi-
ments, acts, or practices are to take place by the hoisting
of a red flag in a conspicuous position within the firing
area.

MILITARY MANCEUVRES. 503

{b) He may cause to be removed all or any buildings within
the firing ground or any trees or other things which may
hinder or interfere with the full exercise of the rights
given by this Enactment and may prohibit the erection
of any new building within the firing ground.

(ii) All the provisions hereinbefore contained with regard to —

(a) The powers exercisable with regard to military manoeuvres ;

(6) Compensation for damage and assessment of compensation ;

shall be applicable to any military exercise carried on in and over
the firing ground.

12. (i) It shall be lawful for the Oflficer Conmianding the Troops Rules for firing
from time to time to make Rules and Regulations for securing the grounds.
safety of the public during the use of the firing ground for the
purposes of military exercises and he may by such Rules and
Regulations among other things —

(a) Exclude all persons not engaged in the military exercises

from the whole or any part of the firing ground while
such exercises are being carried on ;

(b) Regulate the conduct of any persons permitted to be within

the firing ground while such exercises are being carried on.

(ii) All such Rules and Regulations shall be published in the
Gazette and shall not have any force until they have been so
published.

Copies of such Rules and Regulations in English, Malay, and
Chinese shall be posted in at least three conspicuous places within
the firing ground.

(iii) Any person committing any breach of any such Rules or
Regulations shall be guilty of an offence and shall be liable on coxi-
viction to a fine not exceeding twenty-five dollars.

13. Compensation shall be paid by the Officer Commanding the Compensation.
Troops in the Federated Malay States to the owners or occupiers

or both of land within any firing ground for any loss or damage
arising from the land owned or occupied by them being i3roclaimed
a firing ground under this Enactment, such compensation to be
independent of and in addition to any compensation in respect of
damage for which compensation may be awarded to them under
the provisions of section 5 hereof.

14. Such compensation (unless otherwise agreed) shall be in the Form of
form of an annual rent payable to every person entitled to such compensation.
compensation so long as the land in respect of which it is paid
continues to be part of a firing ground. The amount of such
compensation shall be such as is agreed upon between the Revenue
Auditor and the claimant and if the amount of such compensation

cannot be settled by agreement the difference between the parties
shall be referred to arbitration and the sending in of a claim to
compensation shall be treated as a submission to arbitration under
" The Civil Procedure Code, 1902," and the reference shall be to

504 MILITARY MANCEUVRES.

two arbitrators having power to appoint an umpire under the
provisions of that Enactment.

Limit of time 15. Every claim for compensation under Section 13 of this

com'oiiTati'on Enactment shall be made in writing to the Revenue Auditor within
two months after the land in respect whereof such claim is made
has been used as a firing ground for the purposes of military exer-
cises by virtue of a declaration under this Enactment, provided
always that no compensation shall be granted for any building
erected or commenced after the posting of the Rules and Regu-
lations as provided in Section 12.

TELEGRAPHS.

Perak.

Selaiigor.

Negri Sembilan.

I'ahang.

E. 6 of 1905

E. 9 of 1905

E. 7 of 1905

E. 8 of 1905

20. G. 1905

30.5.1905

5.6.1905

6.6.1905

8.9.1905

9.0.1905

30.6.1905

1.7.1905

as amended by Fed. E. 7 of 1913.

An Enactment to amend tlie law relating to Telegraphs.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) Tliis Enactment may be cited as " The Telegraphs Enact- short title,
ment, 1905," and shall come into force upon the publication thereof andMifeal!"^"*^'
in the Gazette.

(ii) Ui3on the coming into force of this Enactment the Enactment
specified in the schedule hereto shall be repealed to the extent •
mentioned in the third column of the said schedule ; but all licenses
granted and rules made under the Enactment hereby repealed,
and now in force, shall, so far as they are not inconsistent with the
provisions hereinafter contained, be deemed to have been granted
and made under this Enactment.

2. In this Enactment unless there be something repugnant in interpretation.
the subject or context —

(i) "Telegraph" means an electric or magnetic telegraph, and e.7o£1913.
includes appliances for transmitting or making telegraphic, tele-
phonic, or other communication by means of electricity, galvanism,
or magnetism, but does not include electric appliances for domestic
use only.

(ii) " Telegraph officer " means any person employed, either
permanently or temporarily in connection with a telegraph estab-
lished, maintained, or worked by the Government or by a person
licensed under this Enactment.

(iii) " Message " means any communication sent by telegraph,
or given to a telegraph officer to be sent by telegraph, or to be
delivered.

(iv) " Telegraph line " means a wire or wires used for the purpose
of a telegraph, with any casing, coating, tube, or pijie enclosing the
same, and any appliances and apparatus connected therewith for
the purpose of fixing or insulating the same.

(v) " Post" means a post, pole, standard, stay, strut, or other
above-ground contrivance for carrying, suspending, or supporting
a telegraph line.

(vi) "Telegraph authority" means the Director of Posts and
Telegraphs, F.M.S., and includes any officer empowered by him to
perform all or any of the functions of the telegraph authority under
this Enactment.

605

506

TELEGRAPHS.

Exclusive
privilege.

Power to grant
liccuses.

Special power.

Power to make
rules.

(vii) " Local autliority " means any Sanitary Board or any
GovernnuMit officer or department entrusted with tlie management
or control of any specified area, works, buildings, or organization,
within the limits of its sphere of operations.

(viii) " The Government " means the Government of the State
acting under the authority — express or implied — of the Resident-
General.

3. Within the State the Resident-General shall have the
exclusive ])rivilege of establishing, maintaining, and working tele-
graphs. Provided that the Resident-General may grant a license,
on such conditions and in consideration of such payments as he
thinks fit, to anj^ person, to establish, maintain, or work a telegraph
within any part of the State.

4. (i) On the occurrence of any public emergency, or in the
interest of the public safety, the Resident-General or any officer
specially authorized in this behalf by the Resident-General, may —

(a) Take temporary possession of any telegraph established,

maintained, or worked by any person licensed under this

Enactment ; or

{h) Order that any message or class of messages to or from any

person or class of persons, or relating to any particular

subject, brought for transmission by or transmitted or

received by any telegraph, shall not be transmitted, or

shall be intercepted or detained, or shall be disclosed to

the Government or to an officer thereof mentioned in the

order.

(ii) If any doubt arises as to the existence of a public emergency,

or whether any act done under sub-section (i) was in the interest of

the public safety, a certificate signed by the Resident-General

within fourteen days from the taking of such temporary possession

and delivered to the person in charge of the telegraph shall be

conclusive proof on the point.

5. (i) The Resident-General may from time to time, by noti-
fication in the Gazette, make rules consistent with this Enactment
for the conduct of all or any telegraphs established, maintained, or
worked by the Government or by the persons licensed under this
Enactment.

(ii) Rules under this section may provide for all or any of the
following, among other matters, that is to say —

(a) The rates at which, and the other conditions and restrictions

subject to which, messages shall be transmitted ;

(b) The precautions to be taken for preventing the improper

interception or disclosure of messages ;

telegrams and other documents belonging to, or being in
the custody of, telegraj^h officers shall be preserved ; and

(d) The fees to be charged for searching telegrams or other

documents in the custody of any telegraph officer,
^iii) When making rules for the conduct of any telegraph estab-
lished, maintained, or worked by any person licensed under this

TELEGRAPHS.

507

Enactment, the Resident-General may, by the rules, prescribe fines
for the breach of the same :

Provided that the fines so prescribed shall not exceed the following
limits, namely —

(a) When the person licensed under this Enactment is punish-
able for the breach, five hundred dollars, and in the case
of a continuing breach, a further fine of one hundred
dollars for every day after the first during the whole or
any part of which the breach continues ;
(h) When a servant of the person licensed, or any other person,
is punishable for the breach, one-fourth of the amounts
specified in the preceding paragraph.

6. The Resident-General may at any time revoke any license License; may be
granted under Section 3, on the breach of any of the conditions ''^^o''®'*'
therein contained, or in default of payment of any consideration

payable thereunder.

7. The Government shall not be responsible for any loss or Government not
damage which may occur in consequence of any telegraph officer acts°oTofficere
failing in his duty with respect to receipt, transmission, or de-
livery of any message ; and no such officer shall be responsible

for any such loss or damage, unless he causes the same negligently,
maliciously, or fraudulently.

8. The telegraph authoritj^ may from time to time place and power to place
maintain a telegraph line under, over, along, or across, and posts telegraph lines
in or upon, any immovable property :

Provided that —

(a) The telegraph authority shall not exercise the powers con-
ferred by this section except for the purposes of a telegraph
established or maintained by the Government, or to be
so established or maintained ;

(h) The Government shall not acquire any right other than that
of user only in the property under, along, across, in, or
upon which the telegraph authority places any telegraph
line or post ;

not exercise those powers in respect of any property vested
in or under the control or management of any local
authority, without the permission of that authority ; and

(d) In the exercise of the powers conferred by this section, the

telegraph authority shall do as little damage as possible,
and when it has exercised those powers in respect of any
property other than that referred to in clause (c), shall
pay full compensation to all persons interested, for any
damage sustained by them by reason of the exercise of
those powers.

9. The telegraph authority may at any time, for the purpose of Power to enter
examining, repairing, altering, or removing any telegraph line or °" P^'op^'^ty.
post, enter on the property under, over, along, across, in, or upon

which the line or post has been placed.

10. Any permission given by a local authority under Section 8 Local authority
clause (c) may be given subject to such reasonable conditions as ^nditions!^

508

TELEGRAPHS.

Looal authority
may require
roinoval of lines
uiul posts.

rower to alter
position of
certain pipes
and drains.

Dispute
between
autliorities.

Powers of
District Officer.

that authority thinks fit to impose as to th(3 payment of any
expenses tf) wliieh the avithority be ])ut in consec^uence of the
exercise of the powers conferred hy that section, or as to the time
or mode of execution of any work, or as to any other thing connected
with or relative to an}'^ work undertaken by the telegraph authority
under those powers.

11. When, under the foregoing provisions of this Enactment, a
telegraj^h lino or post has been i)laced by the telegraph authority
under, over, across, in, or upon any property vested in or under
the control or management of a local authority and the local
authority, having regard to circumstances which have arisen since
the telegraph line or post was so placed, considers it expedient that
it should be removed or that its position should be altered, the
local authority may require the telegraph authority to remove it
or alter its position as the case may be.

12. The telegraph authority may, for the purpose of exercising
the powers conferred upon it by this Enactment in respect of any
property vested in or under the control or management of a local
authority, alter the position thereunder of any pipe (not being a
main pipe) for the supply of gas or water, or of any drain (not
being a main drain) :

Provided that —

(a) When the telegraph authority desires to alter the position

of any such pipe or drain, it shall give reasonable notice
of its intention to do so, specifying the time at Avhich it
Avill begin to do so to the local authority, and, when the
pipe or drain is not under the control of the local authority,
to the person under whose control the pipe or drain is ;

(b) A local authority or person receiving notice under clause (a)

may send a person to superintend the work, and the
telegraph authority sha,ll execute the work to the reasonable
satisfaction of the person so sent.

13. (i) If any dispute arises between the telegraph authority
and a local authority in consequence of the local authority refusing
the permission referred to in Section 8 clause (c), or prescribing
any condition under Section 10, or in consequence of the telegraph
authority omitting to comply with a requisition made under
Section 11, or otherAAise in respect of the exercise of the powers
conferred by this Enactment, it shall be determined by such officer
as the Resident-General may appoint either generally or specially
in this behalf.

(ii) An appeal from the determination of the officer so appointed
shall lie to the Resident-General and the order of the Resident-
General shall be final.

14. (i) If the exercise of the powers mentioned in Section 8 in
respect of property referred to in clause (d) of that section is resisted
or obstructed, a Magistrate of the First Class may, at his discretion,
order that the telegraph authority shall be permitted to exercise
them.

TELEGRAPHS. 509

(ii) If after the making of an order under the last preceding
sub-section any person resists the exercise of those powers, or,
having control over the property, does not give all facilities for
their being exercised, he shall be deemed to have committed an
offence under Section 188 of the Penal Code.

(iii) If any dispute arises concerning the sufficiency of the
compensation to be paid under Section 8 clause (d), it shall, on
application for that purpose by either of the disputing parties to
the District Officer within whose jurisdiction the property is situate,
be determined by him.

(iv) If any dispute arises as to the persons entitled to receive com-
pensation, or as to the proportions in which the jiersons interested
are entitled to share in it, the telegraph authority may pay into
the court of a Magistrate of the First Class for the district such
amount as he deems sufficient, or where all the disputing parties
have in writing admitted the amount tendered to be sufficient,
or the amount has been determined under the last preceding
sub-section, that amount ; and the Magistrate, after giving notice
to the parties and hearing such of them as desire to be heard, shall
determine the persons entitled to receive the compensation, or, as
the case may be, the proportions in which the persons interested
are entitled to share in it.

(v) Every determination of a dispute by a District Officer or a
Magistrate under the two last preceding sub-sections shall be final :

Provided that nothing in this sub-section shall affect the right
of any person to recover by suit the whole or any part of any
compensation paid by the telegraph authority from the person
who has received the same.

15. (i) When, under the foregoing provisions of this Enactment, owner of

c cj i ^ proDGrty may

a telegraph line or post has been placed by the telegraph authority require removal
under, over, along, across, in, or upon any property, not being «£ '^ne or post.
property vested in or under the control or management of a local
authority, and any person entitled to do so desires to deal with
that property in such a manner as to render it necessary or con-
venient that the telegraph line or post should be removed to another
part thereof, or to a higher or lower level, or altered in form, he
may require the telegraph authority to remove or alter the line
or post accordingly :

Provided that if compensation has been paid under Section 8
clause (d), he shall, when making the requisition, tender to the
telegraph authority the amount requisite to defray the expenses of
the removal or alteration, or half of the amount paid as compen-
sation, whichever may be the smaller sum.

(ii) If the telegraph authority omits to comply with the requisi-
tion, the person making it may apply to a Magistrate of the First
Class within whose jurisdiction the property is situate to order the
removal or alteration.

iii) A Magistrate receiving an application under the last
preceding sub-section may, in his discretion, reject the same or
make an order, absolutely or subject to conditions, for the removal
of the telegraph line or post to any other part of the property, or

510

TELEGRAPHS.

Removal of

trees.

Existing lines
and posts
deemed to be
placed under
this Enact-
ment.

Penalty for
establishing,
etc., a telegraph
without license.

Penalty for
using such
telegraph.

Intrusion into
signal room.

Unlawfully
attempting to
learn contents
of messages.

to a higher or lower level, or for the alteration of its form ; and
the order so made shall be final,

16. (i) If any tree standing or lying near a telegraph line inter-
rupts or is likely to interrupt t(^legra])hic eominunieation, the
District Olficcr may, on the a])plieati()ri of the telegra])h authority,
cause the tree to be removed or dealt with in such other way as
he deems fit.

(ii) When disposing of an application under the last preceding
sub-section the District OHicer shall, in the case of any tree in
existence before the telegraph line was placed, award to the persons
interested in the tree such compensation as he thinks reasonable
and the award shall be final.

17. Every telegraph line or post placed before the passing of
this Enactment under, over, along, across, in, or upon any property,
for the purposes of a telegraph established or maintained by the
Government, shall be deemed to have been placed in exercise of
the powers conferred by and after observance of all the requirements
of this Enactment.

18. If any person establishes, maintains, or works a telegraph
otherwise than as permitted by a license granted under Section 3
or breaks any condition contained in such license, he shall be
punished with fine which may extend to five hundred dollars and
with a further fine which may extend to two hundred and fifty dollars
for every week during Avhich the line is maintained or worked or
the breach of the condition continues.

19. If any person, knowing or having reason to believe that a
telegraph has been established or is maintained or worked in con-
travention of this Enactment, transmits or receives any message
by such telegraph, or performs any service incidental thereto, or
delivers any message for transmission by such telegraph, or accepts
delivery of any message sent thereby, he shall be punished with fine
which may extend to twenty-five dollars.

20. If any person — ■

(a) Without permission of competent authority enters the signal

room of a telegraph office of the Government or of a
person licensed under this Enactment ; or

(b) Enters a fenced enclosure round such telegraph ofiice in

contravention of any rule or notice not to do so ; or

to do so by any officer or servant employed there-
in ; or

(d) Wilfully obstructs or impedes any such officer or servant

in the performance of his duty,
he shall be punished with fine which may extend to two hundred
dollars.

21. If any person does any of the acts mentioned in Section 20
with the intention of unlawfully learning the contents of any
message, or of committing any offence punishable under this Enact-
ment, he may (in addition to the fine with which he is punishable
under Section 20) be punished with imprisonment for a term which
may extend to one year.

TELEGRAPHS.

511

22. If any person intending —

(a) To prevent or obstruct the transmission or delivery of any
message ; or

(h) To intercept or to acquaint himself with the contents of
any message ; or

(c) To commit mischief ;
damages, removes, tampers with, or touches any battery, machinery,
telegraph line, post, or other thing whatever, being part of or used
in or about any telegraph, or in the working thereof, he shall be
punished with imprisonment for a term which may extend to three
years, or with fine, or with both.

23. If any telegraph officer, or any person not being a telegraph
officer, but having official duties connected with any office which
is used as a telegraph office —

(a) Wilfully secretes, makes away with, or alters any message

which he has received for transmission or delivery ; or

(b) Wilfully, and otherwise than in obedience to an order of the

Resident-General or of an officer specially authorized by
the Resident-General to make the order, omits to
transmit, or intercepts or detains any message or any part
thereof, or otherwise than in pursuance of his official
duty or in obedience to the direction of a competent court,
discloses the contents or any part of the contents of any
message to any person not entitled to receive the same ; or

not entitled to become acquainted with the same, he shall
be punished with imprisonment for a term which may
extend to three years, or with fine, or with both.

24. If any telegraph officer transmits by telegraph any message
on w^hich the charge prescribed by the Government or by a person
licensed under this Enactment, as the case may be, has not been
paid, intending thereby to defraud the Government or that person,
he shall be punished with imprisonment for a term which may
extend to three years, or with fine, or with both.

25. If any telegraph officer, or any person not being a telegraph
officer but having official duties connected with any office which
is used as a telegraph office, is guilty of any act of drunkenness,
carelessness, or other misconduct, whereby the correct transmission
or the delivery of any message is impeded or delayed, or if any
telegraph officer loiters or delays in the transmission or delivery
of any message, he shall be punished with imprisonment for a term
which may extend to three months or with fine which may extend
to fifty dollars, or with both.

26. If any person transmits or causes to be transmitted by
telegraph a message which he knows to be false or fabricated, he
shall be punished with imprisonment for a term which may extend
to three years, or with fine, or with both.

27. If an}^ person fraudulently retains or wilfully secretes, makes
away with, or detains a message which ought to have been delivered
to some other person, or, being required by a telegraph officer to

Intentionally
damaging or
tami'Crinf? with
telegraphs.

Offences by
telegraph
officers, etc.

Transmitting

unpaid

messages.

Misconduct.

Transmitting
false messages.

Fraudulently
retaining, etc.,
message.

512

TELEGRAPHS.

Tele^rrapli
officers held
to be public
servants.

Attempts to
commit an
offence.

Additional
police force
may be
employed to
protect
telegraphs.

deliver up any such message, neglects or refuses to do so, he shall be
punished with imprisonment for a term whicli may extend to two
years, or with tine, or with both.

28. Telegraph officers shall be held to be public servants within
the meaning of Sections 101, 1C2, 1C8, 164, and 165 of the Penal
Code.

29. Whoever attempts to commit an offence punishable under this
Enactment shall be punished with the punishment herein provided
for the offence.

30. (i) Whenever it appears to the Government that any act
causing or likely to cause Avrongful damage to any telegraph is
repeatedly and maliciously committed in any place, and that the
employment of an additional police force in that place is thereby
rendered necessary, the Government may send such additional
police force as it thinks fit to the place, and employ the same therein
so long as, in the opinion of the Government, the necessity for doing
so continues.

(ii) The inhabitants of the j^lace shall be charged with the cost
of the additional police force, and the District Officer shall, subject
to the orders of the Government, assess the proportion in which the
cost shall be paid by the inhabitants, according to his judgment
of their respective means.

(iii) All moneys payable under the last preceding sub-section shall
be recoverable, either under the warrant of a Magistrate, by
distress and sale of the movable property of the defaulter within
the local limits of his jurisdiction, or by suit in any competent
court.

(iv) The Government may, by order in writing, define the limits
of any place for the purposes of this section.

The Schedule.
ENACTMENT REPEALED.

Nvunber.

Perak :

0. in C. No. 25 of 1895

Selangor :

Regulation X of 1890

E. 11 of 1899..

Negri Sembilan :
E. 10 of 1899

Pahang :

E. 13 of 1899

Short title.

The Perak Telegraph 0. in
C, 1895

The Selangor Telegraph
Regulation, 1890

The Telegraph Amend-
ment Enactment, 1890

The Telegraph Enactment,
1899

Extent of
repeal.

The whole

FLOGGING REGULATION.

Perak. Selangor. Negri Sembilan. Pahang.

E. 10 of 1905 E. 10 of 1905 E. 10 of 1905 .E. 12 of 1905

26.10.1905 3.7.1905 2.8.1905 13.9.1905

3.11.1905 7.7.1905 25.8.1905 2.10.1905

An Enactment to regulate the Law relating to Sentences
of Flogging.

Whereas it is expedient to regulate sentences of flogging, and to
limit the number of strokes which may be awarded by sentences
of the Courts or under the rules in force in the Prisons of the State :

It is therefore hereby enacted by His Highness the Sultan in Council
as follows : —

1. This Enactment may be cited as "The Flogging Regulation short titio and
Enactment, 1905," and shall come into force upon the publication commence-
thereof in the Gazette.

2. When a person is convicted of any offence legally punishable Twenty-four
by flogging, the sentence awarded by the Court for such offence maxto^um^for
shall not, anything to the contrary in any law present or future an offence.
of the State notwithstanding, exceed the number of 24 strokes in

the case of adults and 12 strokes in the case of juvenile offenders.

3. When a person is convicted at one trial of any two or more Twenty-four
distinct offences, any two or more of which are legally punishable ^°^^ ^^'^^ ^
by flogging, the combined sentences awarded by the Court for any combined
such offences shall not, anything to the contrary in any law present °^®°'^^-

or future of the State notwithstanding, exceed a total number of
24 strokes in the case of adults and 12 strokes in the case of juvenile
offenders.

4. When any sentence of flogging shall be passed by the lawful Twenty-four
authority upon any prisoner for breach of any prison or other rule mSmum^for
or rules, the total numbej of strokes to be inflicted under such sen- breach of prison
tence shall not exceed 24 in the case of adults and 12 in the case of °'° errues.
juvenile offenders, and no prisoner shall be liable to more than one

such sentence in respect of the act or acts or omission or omissions
in respect of which he shall have been sentenced as aforesaid.

5. No sentence of flogging shall be carried out except with an The instrument
instrument approved by the Resident-General. to be used.

6. In no case shall a sentence of flogging be passed upon a female, Females not
either by the Courts or in the prisons of the State. to be flogged.

1—33 513

AUCTION SALES.

Short title,
commencement,
and repeal.

Licenses.

Notice and
place of sales.

Perak.
E. 1) of 190.5
20. 10.1905
3.11.1905

Hi^best price
to be obtained.

Auctioneer may
not buy.

Bidding

agent.

Name of pur-
chaser to be
declared.

Selangor.
E. 11 of 1905
25.9.1905
29.9.1905

Negri Scmbilan.

E. 12 of 1905
20.9.1905
0.10. 1905

Fahang.

E. 17 of 1905

7.12.1905

22.12.1905

An Enactment to regulate Sales by Public Auction.

It is hereby enacted by His Highndss the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as " The Auction Sales
Enactment, 1905," and shall come into force upon the date of the
publication thereof in the Gazette.

(ii) Upon the coming into force of this Enactment, the Enact-
ment specified in the first schedule hereto shall be repealed to the
extent mentioned in the third column of the said schedule ; but
any person duly licensed to conduct sales by public auction at the
date of the coming into force of this Enactment, may, during the
term of his existing license, conduct sales by public auction as if
he had been duly licensed under this Enactment.

2. The Resident may from time to time by writing under his
hand license fit persons to conduct sales by public auction, and may
from time to time revoke any such license. Such licenses shall
remain in force for one year only from the date of issue. The fee
to be paid for an auctioneer's license under this Enactment shall
be ten dollars for one year or part thereof.

3. Every licensed auctioneer shall before conducting any sale
by public auction give not less than seven days' public notice
thereof, setting out the particulars of the goods to be offered for
sale, and stating the time and place at which the auction will be
held. All sales by public auction shall be held in places open to
the general public, and large enough for the accommodation of
as many persons as may reasonably be expected to desire to bid
thereat.

4. Every licensed auctioneer shall obtain at public auction the
highest possible price for the property entrusted to him for sale,
and shall not dispose of any such property by private contract
except with the consent in writing of the owner first had and
obtained.

5. No licensed auctioneer shall buy on his own account
property entrusted to him for sale, but he may purchase such
property as the agent of another person who has employed him
to do so.

6. In no case shall more than one person bid in the interests
of a single would-be purchaser.

7. Whenever any article is sold at public auction the auctioneer
shall forthwith audibly declare the name of the actual purchaser.

614

AUCTION SALES.

515

8. The fees and commissions chargeable by licensed auctioneers Auctioneers'
in respect of sales conducted by them shall not exceed those set ^^^'

out in the second schedule hereto.

9. Any person, not being a Government servant selling Govern-
ment property or authorized in that behalf under any other law
for the time being in forces, or acting under the order of a competent
Court, who conducts a sale by public auction without being licensed
under this Enactment shall be liable on conviction to a fine not
exceeding one hundred dollars.

10. Any licensed auctioneer acting in contravention of any of
the provisions of this Enactment shall be liable on conviction to
a fine not exceeding one hundred dollars and shall also be liable
to have his license cancelled by the convicting Court.

11. Any person acting in contravention of Section 6 hereof shall
be liable on conviction to a fine not exceeding one hundred dollars.

Penalty for
conducting sale
without license.

General
penalties.

Penalty for
illegal bidding.

The First Schedule.
ENACTMENTS REPEALED.

Number.

Short title.

Extent of
repeal.

Pk. :

0. in C. 12 of 1891

Auction Sales 0. in C, 1891

The whole

Sel. :

E. 20 of 1897 . .

The Auctioneers Enactment,

1897

N.S.

: E. 19 of 1897 . .

The Auctioneers Enactment,
1897

Pg.:

E. 17 of 1897 . .

The Auctioneers Enactment,
1897

The Second Schedule.
TABLE OF AUCTIONEERS' FEES.

(a) Commission when property sold 1

shall have realized not more ^ 5% on the amount realized,
than S500 J

(b) When the amount realized exceeds 1 5% first $500, and 1%

S500 J each succeeding $100.

$ c.
Notice of demand . , . . . . . . . , . . 25

,, sale (original) . .

,, (copy)

Placarding, each notice (town limits) . .

,, ,, (country), exclusive of boat or car

riage hire
Watchman, per diem
Attendance in event of postponement of sale (town limits) .

(country)
Bell and crier (town limits)

„ (country, exclusive of travelling expenses)

25
35

POST OFFICE.

Short title,
commencement,
and repeal.

Definitions.

Perak.
E. 11 of 1905
20.10.1905
3.11.1905

Selangor.
E. 12 of 1905
25.9.1905
29.9.1905

Negri Sembilan.
E. 14 of 1905
20.9.1905
G. 10, 1905

Pahang.
E. 10 of 1905
12.9.1905
2.10.1905

An Enactment to amend the law relating to the Postal
Department.

It is hereby enacted by His Highness the Sultan in Council as
follows : — ■

1. (i) This Enactment may be cited as " The Post Office Enact-
ment, 1905," and shall come into force upon the publication thereof
in the Gazette.

(ii) Upon the coming into force of this Enactment, the Enactments
specified in the first schedule hereto shall be repealed to the extent
mentioned in the third column of the said schedule ; but so that,
notwithstanding this repeal, all orders, rules, or regulations duly
made under any Enactment hereby repealed, and in force at the
commencement of this Enactment, shall be deemed to have been
made under this Enactment.

Chapter I.
PRELIMINARY.

2. In this Enactment, unless there is anything repugnant in the
subject or context —

(«) The expression " the Director" means the Director, Posts
and Telegraphs, Federated Malay States ;

(6) The expression " Postal Department " means the department
presided over by the Director ;

(c) The expression " officer of the Postal Department "' includes
any person employed in any business of the Postal Depart-
ment or on behalf of the Postal Department ;

{(l) The expression " mail bag " includes a bag, box, parcel, or
any other envelope or covering in which postal articles in
course of transmission by post are conveyed, whether it
does or does not contain any such article ;

(e) The expression " postage " means the duty chargeable for the
transmission by post of postal articles ;

(/) The expression " postage stamp " means any stamp provided
by the Resident-General for denoting postage or other fees
or sums payable in respect of postal articles under this
Enactment, and includes adhesive postage stamps and
stamps printed, embossed, impressed, or otherwise indicated
on any envelope, wrapper, post card, or other article ;
616

POST OFFICE. 517

(g) The expression " post office " includes every house, building,
room, carriage, or place used for the purposes of the Postal
Department and every letter box provided by the Postal
Department for the reception of postal articles ;

(A) The expression " postal articles " includes a letter, post card,
newspaper, book, pattern or sample packet, parcel, and
every article or thing transmissible by post ;

{>') The expression " mail ship " means any vessel employed for
carrying mails pursuant to a contract or continuing
arrangement ;

(;■) The expression " fictitious stamp " means any facsimile, or
imitation or representation of any stamp for denoting any
rate or duty of postage including any stamp for denoting a
rate of postage of any other country ;

(k) The expression " clubbed packet " means a packet containing
a collection of letters not made by an agent of the Postal
Department, transmitted through the Postal Department
with a view of the enclosed letters being delivered to more
than one person through the agent of the person by whom
the packet was made up.

3. For the purposes of this Enactment —

(a) A postal article shall be deemed to be in course of trans- Meanings of

mission by post from the time of its being delivered to a post transmission by
office to the time of its being dehvered to the addressee, or S°(fei'iver^."
of its being returned to the sender or otherwise disposed of
under Chapter VIII ;

(b) The delivery of a postal article of any description to a post-

man or other person authorized to receive postal articles
of that description for the post shall be deemed to be a
delivery to a post office ; and

addressee, or to the addressee or his servant or agent or
other person considered to be authorized to receive the
article according to the usual manner of delivering postal
articles to the addressee, and where the addressee is a guest
or is resident at an hotel, delivery to the proprietor or
manager thereof or to his agent shall be deemed to be
delivery to the addressee.

Chapter II.
ESTABLISHMENT.

4. (i) All post offices heretofore established shall be deemed to be Post oirices.
established under the provisions of this Enactment.

(ii) It shall be lawful for the Resident-General to establish post
offices at such places as he may deem expedient and to discontinue
any such post office.

5. The Director may with the approval of the Resident-General Receiving
provide in such places as he may deem expedient receiving boxes for ^oxes.
the deposit of postal articles and shall cause the boxes to be cleared

as often as public convenience may reasonably require.

518

POST OFFICE.

Appointment of
postal officers.

Appoiiitmeuls
of present
postal otticers.

Declaration to
be made by
postal officers.

Deputies of
Director.

Postal officers
exempt from
service as
jurors.

6. It shall l)(^ lawful for the Resident-General to appoint from
time to time for the postal service of the F(Mlerated Malay States such
ofificers under such ofHcial designations and to invest them with and
delegate to them such powers not inconsistent with the provisions of
this Enactment as may from time to time be deemed expedient.

7. The Director and all other officers of the Postal Department
are hereby continued in their offices and shall have all the powers and
privileges hereby conferred upon the holders of their respective
offices.

8. No person hereafter appointed shall be capable of holding any
office in the Postal Department unless he shall have first made and
subscribed before a Magistrate the declaration contained in the
second schedule hereto.

9. The Superintendents shall be deputies of the Director.

10. No officer of the Postal Department shall be liable to serve on
any jury or inquest.

Chapter III.

PRIVILEGE AND PROTECTION OF THE GOVERNMENT.

Exclusive privi H. (i) Wherever posts or postal communications are established
lege of Director. |jy ^]^g Government the Director shall have the exclusive privilege of
conveying by post from one place to another all letters except in the
following cases, and shall also have the exclusive privilege of perform-
ing all the incidental services of receiving, collecting, sending,
despatching, and delivering all letters except in the following cases,
that is to say —

(a) Letters not exceeding three in number sent by a private
friend on his way, journey, or travel, to be delivered by
him to the person to whom they are directed, without hire,
reward, or other profit or advantage for receiving, carrying,
or delivering them ;
(6) Letters solely concerning the affairs of the sender or receiver

thereof, sent by a messenger on purpose ; and
(c) Letters solely concerning goods or property, sent either by sea
or by land to be delivered with the goods or property which
the letters concern, without hire, reward, or other profit or
advantage for receiving, carrying, or delivering them ;
provided that such letters are open to inspection and have
superscribed thereon the words " consignee's letter " or
other words to the same effect.

Provided that nothing in this section shall authorize any person
to make a collection of letters except as aforesaid for the purpose
of sending them otherwise than by post.

(ii) For the purposes of this section and Section 13 the expression
" letters " includes post cards.

(iii) Notwithstanding anything contained in this section it shall be
lawful for any person duly licensed to collect letters for transmission
to China through the Postal Department subject to the conditions
laid down in the third schedule hereto.

POST OFFICE.

519

The Government will not be liable for any loss or damage sustained
through the default or misfeasance of any person licensed under this
sub-section.

12. Wherever posts or postal communications are established by
the Government the following persons are expressly forbidden to
collect, carry, tender, or deliver letters, or to receive letters for the
purpose of carrying or delivering them, although they obtain no hire,
reward, or other profit or advantage for so doing, that is to say —

(a) Common carriers of passengers or goods and their servants or
agents except as regards letters solely concerning goods in
their carts or carriages ; and

{b) Owners, masters, or chin-chews of vessels passing on any
river or canal in the Federated Malay States or between
any ports or places in the Federated Malay States, and
their servants or agents except as regards letters solely
concerning goods on board and except as regards postal
articles received for conveyance under Chapter IX.

13. No letters unless exempt by law shall be conveyed into or out
of the State from or to any place between which and the Federated
Malay States posts or postal communications are established or from
one port to another or be delivered or distributed in the State other-
wise than by or through the post.

14. The Government shall not incur any liability by reason of the
loss, misdelivery, or delay of, or damage to, any postal article in
course of transmission by post except in so far as such liability
may in express terms be undertaken as hereinafter provided, and no
officer of the Postal Department shall incur any liability by reason
of any such loss, misdelivery, delay, or damage, unless he has caused
the same fraudulently or by his wilful act or default.

Certain persous
expressly for-
bidden to
convey letters.

No letters to be
conveyed
except by post.

Exemption
from liability
for loss, mis-
delivery, delay,
or damage.

Chapter IV.
POSTAGE.

15. (i) The Resident-General may by notification in the Gazette power to fix
fix the rates of postage and other sums to be charged in respect of "*®* °^ postage
postal articles sent from one post office in the State to another or upon

postal articles for places outside the State, and may make rules as to
the scale of weights, terms and conditions subject to which the rates
so fixed shall be charged and may revoke, alter, and add to any such
notification.

(ii) Unless and until such notification as aforesaid is issued the
existing rates and regulations shall continue in force.

(iii) The Resident-General may by notification in the Gazette
declare what packets may be sent by post as book, pattern and
sample packets within the meaning of this Enactment.

16. The Resident-General may, by rule —
(a) Require the prepayment of postage on postal articles or any

class of postal articles, and prescribe the manner in which
prepayment shall be made ;
(6) Prescribe the postage to be charged on postal articles when
the postage is not prepaid or is insufficiently prepaid ;

Power to make
rules as to
payment of
p. stage and
fees in certain
cases.

520

POST OFFICE.

Liability for
payment of
postage.

Packets not
containing
letters posted
by mistake.

Recovery of
postage and
other sums due
in respect of
postal articles.

Post oTice
marks primd
facie (widence
of certain facts
denoted.

(c) Provide for the redirection of postal articles and the trans-
mission by post of articles so redirected, either free of charge
or sul)ject to such further charge as may be specified in the
rules ; and

{(l) Prescribe the fees to be cliargcd for the " express delivery"
of postal articles, in addition to, or instead of any other
postage chargeable thereon under this Enactment.

Explanation. — " Express delivery " moans delivery l)y n special mes-
senger or conveyance.

17. (i) The addressee of a postal article on which y)ostago or any
other sum chargeable under this Enactment is due shall be bound
to pay the postage or sum so chargeable on his accepting delivery
of the postal article, unless he forthwith returns it unopened.

Provided that, if any such postal article appears to the satis-
faction of the Director or his deputy to have been maliciously
sent for the purpose of annoying the addressee, he may remit
the postage.

(ii) If any postal article on which postage or any other sura
chargeable under this Enactment is due is refused or returned as
aforesaid, or if the addressee is dead or cannot be found, then the
sender shall be bound to pay the postage or sum due thereon
under this Enactment.

18. When any postal article is delivered to the Postal Depart-
ment and has thereby become liable to postage and evidence is
adduced to the satisfaction of the Director or his deputy that
such postal article has been delivered to the Postal Department
by mistake the Director or his deputy may cause such postal packet
to be opened in the presence of an officer of the Postal Department
and may return the same without charge to the person interested
unless such packet shall contain any letter or manuscript liable
to postage, in which case the Director or his deputy shall retain
the postal article until the full rate of postage upon such letter
or manuscript has been paid thereon.

19. If any person refuses to pay any postage or other sum due
from him under this Enactment in respect of any postal article,
the sum so due may, on application made by an officer of the
Postal Department authorized in this behalf by the "v^Titten order
of the Director or his dejouty, be recovered for the use of the post
office from the person so refusing, as if it were a fine imposed under
this Enactment, before any Magistrate having jurisdiction where
that person may for the time being be resident ; and the Director
or his deputy may further direct that any other postal article,
not being on Government Service, addressed to that person shall
be withheld from him until the sum so due is paid or recovered as
aforesaid.

20. In every proceeding for the recovery of any postage or other
sum alleged to be due under this Enactment in respect of a postal
article —

(a) The production of a postal article having thereon the
official mark of the Postal Department denoting that the
article has been refused, or that the addressee is dead or

POST OFFICE.

521

cannot bo found, shall be j)rimd facie evidence of the fact

so denoted ; and
(h) The person from whom any postal article purports to come

shall, until the contrary is proved, be deemed to be the

sender thereof.
21. The official mark on a postal article denoting that any official mark to
postage or other sum is due in respect thereof to the Postal Depart- amount^or °^
ment of the Federated Malay States or to the Post Office of the postage.
United Kingdom or of any British possession or foreign country,
shall be primd facie evidence that the sum denoted as aforesaid
is so due.

Chapter V.
POSTAGE STAMPS.

22. (i) The Resident-General may cause postage stamps to be
provided of such kinds and denoting such values as he may think
necessary for the purposes of this Enactment.

(ii) The Resident-General may make rules as to the supply, sale,
and use of postage stamps.

(iii) In particular and without prejudice to the generality of the
foregoing power such rules may —

(a) Fix the price at which postage stamps shall be sold ;
[h) Declare the classes of postal articles in respect of which
postage stamps shall be used for the payment of postage
or other sums chargeable under this Enactment ;
(c) Prescribe the conditions with regard to perforation, deface-
ment, and all other matters subject to which postage stamps
may be accej)ted or refused in payment of postage or
other sums ;
{d) Regulate the custody, supply, and sale of postage stamps ;
(e) Declare the persons by whom and the terms and conditions

subject to which postage stamps may be sold ; and
(/) Prescribe the duties and remuneration of persons selling
postage stamps.

23. Postage stamps provided under Section 22 shall be deemed
to be stamps issued by Government for the purpose of revenue
within the meaning of the Penal Code, and, subject to the other
provisions of this Enactment, shall be used for the prepayment
of postage or other sums chargeable under this Enactment in
respect of postal articles, except where the Resident-General directs
that jjrepayment shall be made in some other way.

rrovision of
postaije stamps
and power to
make rules as
to them.

Postage stamps
to be deemed to
to stamps for
the purpose of
revenue.

Chapter VI.

CONDITIONS OF TRANSMISSION OF POSTAL
ARTICLES.

24. (i) The Resident-General may by rule provide for the re- Redelivery to

delivery to the sender without reference to the consent of the article in course

addressee and subject to such conditions (if any) as may be deemed by^post.""'^*'""
fit, of any postal article in course of transmission by post.

522

POST OFFICE.

Transmission
by post of
anytliinfj
injurious
prohibited.

Transmission
by post of
anythins
indecent, etc.,
prohibited.

Power to make
rules as to
transmission by
post of postal
articles.

Power to post-
pone despatch
or delivery of
certain postal
articles.

(ii) Save as provided by any rules that may be made under the
last preceding sub-section the sender shall not be entitled to recall
a postal article in course of transmission by post.

25. (i) Except as otherwise provided by rule and subject to such
conditions as may be ])rescribed then^by, no person shall send by
])ost any explosive, dangerous, filthy, noxious, or deleterious sub-
stance, any sharp instrument not properly protected, or any living
creature which is either noxious or likely to injure postal articles
in course of transmission by post or any officer of the Postal
Department.

(ii) No person shall send by post any article or thing which is
likely to injure postal articles in course of transmission by post
or any officer of the Postal Department.

26. No person shall send by post —

(a) Any indecent or obscene printing, painting, photograph,

lithograph, engraving, book, or card, or any other indecent
or obscene article ; or

(b) Any postal article having thereon, or on the cover thereof,

any words, marks, or designs of an indecent, obscene,
seditious, scurrilous, threatening, or grossly offensive
character ; or

purporting to be prepaid with any postage stamp which
has previously been used to prepay any other postal
article or any revenue duty or tax ; or

(d) Correspondence posted without covering or in open envelopes

or open covers containing any lottery ticket or any ad-
vertisement of prizes or any other announcement relating
to any public lottery, sweepstakes, or other gambling
transaction.

27. (i) The Resident-General may make rules as to the trans-
mission by post of postal articles.

(ii) In particular and without prejudice to the generality of the
foregoing power such rules may —

(a) Provide for the granting receipts for, and the granting and

obtaining certificates of, posting and delivery of postal
articles and the sums to be paid, in addition to any other
postage, for such receipts and certificates ; and

(b) Regulate covers, forms, dimensions, maximum weights and

enclosures, and the use of postal articles, other than

letters, for making communications,
(iii) Postal articles shall be posted and delivered at such times
and in such manner as the Director may, by notices conspicuously
posted in each post office, from time to time appoint.

28. (i) When the despatch or delivery from a post office of
letters would be delayed by the despatch or delivery therefrom
at the same time of book, pattern, or sample packets and parcels,
or any of them, such packets or parcels, or any of them, may,
subject to such rules as the Resident-General may make in this
behalf, be detained in the Postal Department so long as may be
necessary.

POST OFFICE. 523

(ii) Where separate parcel posts are established, parcels may be
forwarded and conveyed by them, being detained, if necessary,
in the Postal Department for that purpose.

29. (i) Any postal article sent by post in contravention of any power to deal
of the provisions of this Enactment may be detained and cither ^3** postal

\ 111'- articles posted

returned to the sender or forwarded to destination, in each case in contravention
charged with such additional postage (if any) as the Resident- °* Enactment.
General may by rule direct.

(ii) Any officer in charge of a post office or authorized by the
Director or his deputy in that behalf may open or unfasten any
newspaper or any book, pattern, or sample packet, in course of trans-
mission by post, which he suspects to have been sent by post
in contravention of any of the rules made under Section 27 (ii) (b)
or of any of the provisions of iihis Enactment relating to postage.

(iii) Notwithstanding anything in sub-section (i) of this section —
(a) Any postal article sent by post in contravention of the

provisions of Section 25 may, under the authority of

the Director or his deputy if necessary, be opeiied and

destroyed ; and
(6) Any postal article sent by post in contravention of the

provisions of Section 26 (a) (6) or (d) may, under the

authority of the Director or his deputy, be destroyed ;
(c) Any postal article sent by post in contravention of Section

26 (c) shall be sent to the office of the Director and be

dealt with as he may direct,

30. If the officer in charge of a post office shall have reason to power to deal
believe that any postal article received from beyond the limits of with postal
the Federated Malay States contains goods the importation of which tainin? goods
is forbidden or restricted or anything liable to duty or if he be uabia*^''dut°^
requested so to do by the Excise Farmer for the time being he shall

require by notice in writing the attendance at the post office of the
addressee of such postal article or of some agent deputed in A\Titing
by such addressee and of the Excise Farmer or his agent and such
postal article shall be opened by the addressee or his agent in the
presence of the Excise Farmer or his agent and of an officer of
the Postal Department. If the addressee or his agent fail to attend
in pursuance of this notification the article shall be opened by the
Excise Farmer or his agent in the presence of an officer of the
^Postal Department. Provided that in all cases a postal article
after being opened under this section shall be delivered to the
addressee unless it be required for ulterior proceedings and that
the opening of the same and the circumstances connected there-
with shall be immediately reported to the Director or his deputy.

31. (i) On the occurrence of any public emergency or in the Power to inter-
interest of public safety or tranquillity, the Resident-General or artkiesfor'
the Sultan in Council may, by order in writing, direct that any public good.
postal article or class or description of postal articles in course

of transmission by post shall be intercepted or detained, or shall
be delivered to the Government or to an officer thereof mentioned
in the order to be disposed of in such manner as the Resident-
General may direct.

524

POST OFFICE.

Power to deal
with postal
articles from
abroad bearing
tictitious or
previously used
stamps.

(ii) If any doubt arises as to the existence of a public emergency
or as to whetlier any act done under the last preceding sub-section
was in the interest of public safety or tranquillity, a certificate
signed by the Federal Secretary or by the Secretary to Resident
shall be conclusive proof on the point,

32. (i) When a postal article is received from any place beyond
the limits of the Federated Malay States —

(a) Bearing a fictitious postage stamp ; or

(b) Purporting to be prepaid with any postage stamp which

has been previously used to prepay any other postal
article or other duty ;
the oflticer in charge of the post office at which the postal article is
received shall send a notice to the addressee inviting him to attend,
either in person or by agent, within- a specified time at the post
ofhce to receive delivery of the postal article.

(ii) If the addressee or his agent attends at the post office within
the time specified in the notice and consents to make known to the
officer in charge of the post office the name and address of the sender
of the postal article and to redeliver to the officer aforesaid the
portion of the postal article which bears the address and the fictitious
or previously used stamp, or, if the postal article is inseparable
from the stamp, the entire postal article, the postal article shall
be delivered to the addressee or his agent.

(iii) If the addressee or his agent fails to attend at the post
office within the time specified in the notice, or, having attended
within that time, refuses to make kno^\^l the name and address
of the sender or to redeliver the postal article or portion thereof
as required by the last preceding sub-section, the postal article
shall not be delivered to him but shall be disposed of in such
manner as the Resident-General may direct.

Begistration of
postal articles.

Power to make
rules as to
registration.

Chapter VII.
REGISTRATION AND INSURANCE.

33. The sender of any postal article may, subject to the other
provisions of this Enactment, have the article registered at the
post office at which it is posted and require a receipt therefor ;
and the Resident-General may by notification in the Gazette direct
that, in addition to any postage chargeable under this Enactment,
such further fee as may be fixed by the notification shall be paid
on account of the registration of postal articles.

34. (i) The Resident-General may make rules as to the regis-
tration of postal articles.

(ii) In particular and without prejudice to the generality of the
foregoing power such rules may —

(a) Declare in what cases registration shall be required ;

(b) Prescribe the manner in which the fees for registration

shall be paid ; and

the delivery of a postal article required to be registered
on which the fee for registration has not been prepaid.

POST OFFICE. 525

(iii) Postal articles made over to the Postal Department for the
purpose of being registered shall be delivered, when registered, at
such times and in such manner as the Director may by order from
time to time direct.

35. The Resident- General may bv notification in the Gazette insurance of

T , ^ >. postal articles.

direct —

(a) That any postal article may, subject to the other provisions
of this Enactment, be insured at the post office at M'hich
it is posted against the risk of loss or damage in course
of transmission by post, and that a receipt therefor shall
be granted to the person posting it ; and

(6) That, in addition to any postage and fees for registration
chargeable under this Enactment, such further fee as may
be fixed by the notification shall be paid on account of
the insurance of postal articles.

36. The Resident-General may, by notification in the Gazette, power to require
declare in what cases insurance shall be required, and direct that "|j®g'J^'["^'j!°|
any postal article containing anything required to be insured,

which has been posted without being insured, shall be returned to
the sender or shall be delivered to the addressee, subject to the
payment of such special fee as may be fixed by the notification.

Provided that the levy of such special fee as aforesaid shall not
impose any liability on the Government in respect of the postal
articles.

37. (i) The Resident-General may make rules as to the insurance Power to make
of postal articles. '^^l^^^

(ii) In particular and without prejudice to the generality of the
foregoing power such rules may —

(a) Declare what classes of postal articles may be insured under

Section 35 ;

(b) Fix the limit of the amount for which postal articles may

be insured ; and

be paid,
(iii) Postal articles made over to the Postal Department for the
purpose of being insured shall be delivered, when insured, at such
places and times and in such manner as the Director may by order
from time to time appoint.

38. Subject to such conditions and restrictions as the Resident- Liability in re-
General may by rule prescribe, the Government shall be liable to a^tMes^illsurtd,
pay compensation, not exceeding the amount for which a postal

article has been insured, to the sender thereof for the loss of the
postal article or its contents, or for any damage caused to it in
course of transmission by post.

Provided that the compensation so payable shall in no case
exceed the value of the article lost or the amount of the damage
caused.

39. (i) Where arrangements are in force with the United King- Power to give
dom or with any British possession or foreign country, for the arrMgements
transmission by post of registered or insured postal articles between ^''''L*'^,^'^

526

POST OFFICE.

the Federated Malay States and the United Kingdom or such
possession or country, the Resident-General may make rules to
give effect to such arrangements.

(ii) In particular and without prejudice to the generality of the
foregoing power, such rules may prescribe —

(a) The form of declaration to hv made by the senders of such

postal articles as aforesaid ; and

(b) The fees to be charged thereon.

Power to make
rules as to
disposal of un-
delivered postal
articles.

Disposal of un-
delivered postal
articles at office
of Director.

Final disposal
of undelivered
postal articles.

Chapter VIII.
UNDELIVERED POSTAL ARTICLES.

40. (i) The Resident-General may make rules as to the disposal
of postal articles which for any reason cannot be delivered, here-
inafter referred to as " undelivered postal articles."

(ii) In particular and without prejudice to the generality of the
foregoing power such rules may —

(a) Prescribe the period during which undelivered postal articles

at a post ofifice shall remain in that office ; and
(h) Provide for the publication of lists of undelivered postal
articles, or of any class of undelivered postal articles,
(iii) Every undelivered postal article, after being detained at a
post office for the period prescribed by rule under the foregoing
provisions of this section, shall be either forwarded, free of further
charge, to the post office at which it was posted, for return to the
sender, or sent to the office of the Director.

41. (i) Every postal article received at the office of the Director
under sub-section 3 of Section 42 ^ shall be dealt with as follows —

(a) If practicable, it shall be redirected and forwarded by post

to the addressee ; or
(6) If it cannot be redirected and forwarded, it shall be opened
by some officer appointed by the Director in this behalf
and bound to secrecy, in order to ascertain the name and
address of the sender,
(ii) If the name and address of the sender are so ascertained, it
shall be returned by post to the sender, free of further charge or
subject to such further charge as the Resident-General may by rule
direct.

42. Undelivered postal articles which cannot be disposed of
under the foregoing provisions shall be detained in the office of
the Director for such further period (if any), and shall be dealt
with in such manner as the Resident-General may by rule direct.

Provided that —
(a) Letters and post cards shall be destroyed ;
(h) Money or saleable property, not being of a perishable
nature, found in any undelivered postal article, shall be
detained for a period of one year in the office of the
Director, and if on the expiration of that period no person
1 Query Section 40.

POST OFFICE. 527

has established his right thereto shall, if money, be credited
to the Postal Department, and, if saleable property, be
sold, the sale proceeds being credited to the Postal
Department.

CHAPTER IX.
SHIP LETTERS.

43. The master of a ship, not being a mail ship, about to depart Duty of master
from any port in the State to any port within or any port or place hi^^fromln^*^'
beyond the State, shall receive on board any mail bag tendered to g°^^p°"fj,ot
him by any officer of the Postal Department for conveyance, granting being a mail

a receipt therefor in such form as the Resident-General may by man*bal°3?^^^
rule prescribe, and shall, without delay, deliver the same at the
port or place of destination.

44. (i) The master of a ship arriving at any port in the State Duty of master
shall, without delay, cause every postal article or mail bag on atanyp^ortlcT"
board which is directed to the port and is within the exclusive r^|p^to®f "postal
privilege conferred on the Director by Section 11 to be delivered articles and
either at the post office at that port or to some officer of the Ptasol b<^ard.^°^ ""^
Department authorized to receive the same.

(ii) If there is on board any postal article or mail bag which is
directed to any other place within the Federated Malay States and
is within the exclusive privilege aforesaid, the master shall, without
delay, report the fact to the officer in charge of the post office at
the port of arrival and act according to the directions he may
receive from such officer, and the receipt of such officer shall
discharge him from all further responsibility in respect of the postal
article or mail bag. -

45. The Director shall pay to every master of a vessel leaving a Gratuities to
port in the State not being a mail ship or Government vessel a ^t^leifno^t
gratuity of one cent for every postal article other than a parcel being mail swps
delivered to him. Before payment is made the Director may oTpostai
require the master of any vessel to produce a certificate from the t^an'rfarce^^
post office of destination that such articles have been duly received

from him. Provided always that no gratuity shall be payable —

(a) For a second transmission of any article ;

(6) On postal articles to be delivered to any post office in the

Federated Malay States for onward transmission by mail

ship ;

of the date of despatch of such postal articles ;

(d) If there has been unreasonable delay on the part of the

master in delivering his mails at the post office of the port
of destination ;

(e) If the mails have been damaged in transit in consequence

of insufficient care being taken of them.

If the master of a vessel satisfies the Director or his deputy that
he will not return to the State within the twelve months prescribed

528

POST OFFICE.

Gratuities to
masters of
coasting vessels
not beins nuUl
ships for con-
veyance of
parcels.

Gratuities for
the conveyance
of loose letters.

Gratuities may
be fixed by
Resident-
General.

Notice to be
given to post
office of depar-
ture of vessel.

Reception of
postal articles
on board by
officer of the
Postal Depart-
ment.

Reception of
postal articles
on board by
master of
vessel.

under sub-section (c) hereof the Director or his deputy may pay
the gratuities in advance.

46. The Director shall pay to every master of a vessel not being
a mail ship or Government vessel leaving one jDort in the State for
another port in the Federated Malay States or for a port in the
Straits Settlements a gratuity at the rate of ten cents per parcel
for all postal parcels delivered to such master for conveyance.
Before jjayment is made the Director may require the master of any
vessel to produce a certificate from the post office of destination
that such parcels have been duly received from him. Provided
always that no gratuities shall be payable where under like circum-
stances they would be withheld in the case of postal articles under
the provisions of sub-sections (c) {d) and (e) of the last preceding
section.

47. The Director may, if he thinks fit, pay to every master of a
vessel not being a mail ship a gratuity of one cent for every loose
letter received from places outside the Federated Malay States ;
provided that no gratuity shall be payable on such letters if the
master has also a mail on board, or on letters addressed to places
outside the Federated Malay States, or on letters jjrepaid with
jjostage stamps other than those issued under Section 22.

48. Notwithstanding anything hereinbefore contained it shall be
lawful for the Resident-General to determine the rates of gratuities
to be paid to masters of vessels for the conveyance of postal articles
generally or in particular cases. Provided always that the gratuities
so fixed shall not be less than the sums hereinbefore prescribed.

49. Every owner or agent of a vessel proposing to despatch such
vessel from any port of the State to any other port within or without
the Federated Malay States shall give reasonable notice in writing
to the officer in charge of the post office of the port of the day and
hour of the intended departure of such vessel and also of the port
or ports at which such vessel is to call and shall give immediate
notice in writing to such officer of any alteration in the day or
hour of departure in order that such officer may notifj' to the
public the day and hour for closing the mails (if any) to be made
up for such ship.

50. Any officer of the Postal Department duly authorized by the
Director or his dejjuty may attend on board any vessel after the
time of closing the mail by such vessel and receive subject to the
other provisions of this Enactment all fully prej)aid postal articles
which may be brought aboard up to the time of departure to be
transmitted by such vessel. The master of every such vessel shall
give all proj^er facilities to such officer of the Postal Department
to enable him to discharge his duties and leave the vessel before
her departure.

51. If there be no officer of the Postal Department on board such
vessel the master may receive all such postal articles provided they
are fully prepaid by stamps and shall deliver the same at the post
office at the port or place of destination.

POST OFFICE. 529

Chapter X.
MONEY ORDERS.

52. (i) The Resident-General may provide for the remitting of Power to main-
small suras of money through the Postal Department by means order°8ystem
of money orders, and may make rules as to such money orders. ruiesas'to^^

(ii) In particular and without prejudice to the generality of the thTreb'""^^
foregoing power such rules may prescribe —

(a) The limit of amount for which money orders may be issued ;
(6) The period during which money orders shall remain current ;

and
(c) The rates of commission or the fees to be charged on money
orders or in respect thereof.

53. (i) Subject to such conditions as the Resident-General may, Power for
by rules made under Section 52, prescribe in respect of the levy of recall mon*ey
additional rates of commission or fees or any other matters, a order or alter
person remitting money through the Postal Department by means

of a money order may require that the amount of the order, if not
paid to the payee, be repaid to him, or be paid to such person other
than the original payee as he may direct.

(ii) If neither the payee nor the remitter of a money order can
be found, and if within the period of one year from the date of
the issue of the order no claim is made by such payee or remitter,
the amount of such order shall not be claimable from the Govern-
ment.

54. The Resident-General may authorize the issue, in such form Power to pro-
as may be suitable, of money orders, to be called postal orders, or posuurders."
by such other designation as may be deemed appropriate, for

certain fixed amounts and may make rules as to the rates of
commission to be charged thereon, and the manner in which, and
conditions subject to which, they may be issued, paid, and cancelled.

Provided that no such order shall be issued for an amount in
excess of ten dollars.

55. (i) Where arrangements are in force with the United King- Power to give
dom, or with any British possession or foreign country, for the arrangements
issue and payment through the Postal Department of money orders ^^^^triM"^
between the Federated Malay States and the United Kingdom or

such possession or country, the Resident-General may make rules
to give effect to such arrangements.

(ii) In particular and without prejudice to the generality of the
foregoing power such rules may prescribe —

(a) The manner in which and the conditions subject to which

such orders may be issued and paid in the State ; and

(b) The rates of commission to be charged thereon.

56. If any person, without reasonable excuse, the burden of Recovery of
proving which shall lie on him, neglects or refuses to refund — Tidtotht"

(a) Any amount paid to him in respect of a money order by an wrong person,
officer of the Postal Department in excess of what ought
to have been paid to him in respect thereof ; or

1—34

530

rOST OFFICE.

J^xemptlon
from liability
In respect of
money orders.

(6) The amount of a money oi-dcr paid by an olliccr of tlie Postal
Department to liim instead of to sonic other person to
whom it oiiglit to have been paid ;

such amount shall bo recoverable before a Magistrate by an ollicer
of the Postal DepartmcMit autliorized by the J^irector or his deputy
in that behalf from tiie person so neglecting or refusing.

57. No suit or other legal proceeding shall be instituted against
the Resident-General or any officer of tlie Postal Department in
respect of —

(a) Anything done under any rules made by the Resident-
General under tiiis chapter ; or

(6) The wrong payment of a money order caused by incorrect
or incomplete information given by the remitter as to the
name and address of the payee : provided that, as regards
incomplete information, there was reasonable justification
for accepting the information as a sufficient description
for the purpose of identifying the payee ; or

by or on account of any accidental neglect, omission, or
mistake by, or on the part of, an officer of the Postal
Department, or for any other cause whatsoever other
than the fraud or wilful act or default of such officer ; or

(d) Any wrong payment of a money order after the expiration

of one year from the date of issue of the order.

Chapter XI.
PENALTIES AND PROCEDURE.

Penalty for
misconduct of
person
employed to
carry or deliver
mail bags or
postal articles.

Penalty for
voluntary with-
drawal from
duty without
permission or
notice of person
employed to
carry or deliver
mail bags or
postal articles.

OFFENCES BY OFFICERS OF THE POSTAL DEPARTMENT.

58. Whoever, being employed to carry or deliver any mail bag
or any postal article in course of transmission by post —

(a) Is in a state of intoxication while so employed ; or

(6) Is guilty of carelessness or other misconduct, whereby the
safety of any such mail bag or postal article as aforesaid
is endangered ; or

such mail bag or postal article as aforesaid ; or

(d) Does not use due care and diligence safely to convey or

deliver any such mail or postal article as aforesaid ;

shall be punishable with fine Avhich may extend to twenty dollars.

59. Whoever, being emjjloyed to carry or deliver any mail bag
or any postal article in course of transmission by post, voluntarily
withdraws from the duties of his office without permission or without
having given one month's previous notice in writing, shall be punish-
able with imprisonment which may extend to one month, or with
fine which may extend to twenty-five dollars, or with both.

POST OFFICE.

531

60. Whoever, being employed to carry or deliver any postal penalty for
article in course of transmission by post and required while so ^'iry"inr*^f3ter
employed to keep any register, makes, or causes, or suffers to be kept by person
made, any false entry in the register with intent to induce the belief c^ry°or deliver
that he has visited a place, or delivered a postal article, which he postal articles.
has not visited or delivered, shall be punishable with imprisonment

for a term which may extend to six months, or with fine which
may extend to fifty dollars, or with both.

61. Whoever, being an officer of the Postal Department, commits I'enaity for

.IP,. ij_ij? Ti ii • -J p theft, dishonest

theft in respect thereof, or dishonestly misappropriates, or, for any misappropna-

purpose whatsoever, secretes, destroys, or throws away, any postal dSruction""!-

article in course of transmission by post or anything contained throwing away

therein, shall be punishable with imprisonment for a term which articles!
may extend to seven years, and shall also be punishable with fine.

62. Whoever, being an officer of the Postal Department, contrary Penalty for

to his duty, opens, or causes or suffers to be opened, any postal °ng^^/dc\fy^g
article in course of transmission by post, or wilfully detains or postal articles.
delays, or causes or suffers to be detained or delayed, any such
postal article, shall be punishable with imprisonment for a term
which may extend to two years, or with fine, or with both.

Provided that nothing in this section shall extend to the opening,
detaining, or delaying of any postal article under the authority of
this Enactment, or in obedience to the order in writing of the
Resident-General or the direction of a competent court.

63. Whoever, being an officer of the Postal Department — penalty for
(a) Fraudulently puts any wrong official mark on a postal ne^ctioJTwith"

article; or "Kr'^ecdpt

(6) Fraudulently alters, removes, or causes to disappear, any polugT
official mark which is on a postal article ; or

(c) Being entrusted with the delivery of any postal article,
knowingly demands or receives any sum of money in
respect of the postage thereof which is not chargeable
under this Enactment ;

shall be punishable with imprisonment for a term which may extend
to two years and shall also be punishable with fine.

64. Whoever, being an officer of the Postal Department entrusted Penalty for
with the preparing or keeping of any document fraudulently pre- pr^eplrlng!'^
pares the document incorrectly, or alters, or secretes, or destroys altering, secret-
the document, shall be punishable with imprisonment for a term Ing'postai ^
which may extend to two years, and shall also be jiunishable with Sj^c^uments.*^
fine.

65. Whoever, being an officer of the Postal Department, sends by penalty for
post, or puts into any mail bag, any postal article upon which postage sendfn^^unpaid
has not been paid or charged in the manner prescribed by this postararticies.
Enactment, intending thereby to defraud the Government of the

postage on such postal article, shall be punishable with imprison-
ment for a term which may extend to two years, and shall also be
punishable with fine.

532

POST OFFICE.

Penalty for
contravention
of Section 11
8ub -section
(iii).

66. Whoever acting ^ contrary to or failing - to comply witli any
of the provisions of Section 11 sub-section (iii) shall be liable on
conviction to a fine not exceeding two hundred dollars, or to im-
j)risonment of either description for a term not exceeding twelve
months, and if any person so convicted sliall be a person licensed
under that sub-section his license shall be forfeited.

Penalty for
contravention
of Section 11.

Penalty for
contravention
of Section 12.

Penalty for
breach of rules
under
Section 22.

OTHER OFFENCES.

67. (i) Whoever -

(a) Conveys, otlierwise than by post, a letter in infringement of
the exclusive privilege conferred on the Director by Section
11 ; or

(h) Performs any service incidental to conveying otherwise
than by post any letter in infringement of the exclusive
privilege aforesaid ; or

than by post, a letter in infringement of the exclusive
l^rivilege aforesaid ; or

(d) Makes a collection of letters excepted from the exclusive

privilege aforesaid for the purpose of sending them other-
wise than by post ; or

{e) Except as hereinbefore provided makes a collection of letters
for the purpose of transmitting them through the post in
a clubbed packet or knowingly tenders or delivers a letter
to be sent in a clubbed packet ;

shall be punishable with fine which may extend to twenty-five
dollars for every such letter.

(ii) Whoever, having already been convicted of an offence under
this section, is again convicted thereunder, shall, on every such
subsequent conviction, be punishable with fine which may extend
to fifty dollars for every such letter, or if the letters are less than ten
to a fine of five hundred dollars.

68. (i) Whoever, in contravention of Section 12, carries, receives,
tenders, or delivers letters, or collects letters, shall be punishable
with fine which may extend to twenty-five dollars for every such
letter.

(ii) Whoever, having already been convicted of an offence under
this section, is again convicted thereunder, shall, on every sub-
sequent conviction, be punishable with fine which may extend to
fifty dollars for every such letter and if the letters are less than ten
to a fine of five hundred dollars.

69. Whoever, being appointed to sell postage stamps—

(a) Takes from any purchaser for any postage stamp or
quantity of postage stamps a price higher than that fixed
by any rule made under Section 22 sub-section (iii) clause
(a), shall be punishable with imprisonment for a term
which may extend to six months, or with fine which may
extend to one hundred dollars, or with both ; or

1 Query" acts." 2 Query "'fails."

POST OFFICE. 533

(b) Commits a breach of any other rule made under Section 22,

shall be punishable with fine which may extend to one
hundred dollars.

70. (i) Whoever, in contravention of the provisions of Section 25 Penalty for

or Section 26, sends or tenders or makes over in order to be sent by of" ection'i5"or
post any postal article or any prohibited thing, shall be punishable ^e.
with imprisonment for a term which may extend to one year, or
with fine, or with both.

(ii) The detention in the Postal Department of any postal article
on the ground of its having been sent in contravention of the
provisions of Section 25 or Section 26 shall not exempt the sender
from any proceedings which might have been taken if the postal
article had been delivered in due course of post.

71. Whoever places in or against any letter box provided by the Penalty for
Postal Department for the reception of postal articles any fire, fnturhf/postai
match, or light, any explosive, dangerous, filthy, noxious, or dele- nepartmentai

' , ° "^ ^ r, • ^ ■, • • -J. letter boxes.

terious substance or any fluid, or commits a nuisance in or against
any such letter box, or does anything likely to injure any such letter
box or its appurtenances or contents, shall be punishable ^\ith
imprisonment for a term which may extend to one year, or with
fine, or with both.

72. Whoever, without due authority, affixes any placard, ad- Penalty for
vertisement, notice, list, or in any way disfigures any post office authority any-
or any letter box provided by the Postal Department for the "^^"j^ ° pogtai
reception of postal articles, shall be punishable with fine which Department

letter box

may extend to twenty-five dollars.

73. Whoever, being required by this Enactment to make a penalty for
declaration in respect of any postal article to be sent by post, or ™ec^?ati-on.^
the contents or value thereof, makes in his declaration any state-
ment which he knows, or has reason to believe, to be false, or does

not believe to be true, shall be punishable with fine which may
extend to one hundred dollars, and, if the false declaration is made
for the purpose of defrauding the Government, with fine which may
extend to two hundred and fifty dollars.

74. Whoever, being the master of a ship — Penalty for
(a) Fails to comply with the provisions of Section 43 ; or f^uLg^to ^ '^

TIT. 1 11 iiij- • i*i- comply with the

(p) Without reasonable excuse, the burden oi proving wmcn provisions of
shall lie on him, fails to deliver any postal article or mail lotion ti.'"^
bag, or to comply with the directions of the officer in charge
of the post office at a port of arrival, as required by Section
44 ; or

postal article or mail bag in his possession to the person
appointed to receive it ; or

(d) Refuses or wilfully neglects any duty imposed upon him by

Sections 49 or 50 ;
shall be punishable with fine which may extend to five hundred
dollars.

534

POST OFFICE.

Penalty for
deteatiou of
lot.ters on noard
vessel arriviut;
in port.

Penalty for
detaining mails
or opening mail
bag.

Penalty for
retaining postal
articles wrongly
delivered or
mail bags.

Penalty for
unlawfully
diverting
letters.

Penalty for
making ficti-
tious stamps.

75. (i) Whoever, being either the master of a ship arriving at
any port in the State, or anyone on board, knowingly has in his
baggage or in his possession or custody, after the postal articles
or any of thcra have been sent to the post office at the port of arrival,
any postal article Avithin the exclusive privilege conferred on the
Director by Section 11, shall be punishable with fine which may
extend to fifty dollars for every such postal article as aforesaid,

(ii) Whoever, being such master or other person as aforesaid,
detains any such postal article after demand made for it by an
officer of the Postal Department, shall be punishable with fine
whicli may extend to one hundred dollars for every such postal
article.

76. Whoever, except under the authority of tliis Enactment or
in obedience to the order in writing of the Resident-General or
the direction of a competent court, detains the mails or any postal
articles in course of transmission by post, shall be punishable with
fine which may extend to two hundred dollars :

Provided that nothing in this section shall prevent the detention
of an officer of the Postal Department carrying the mails or any
postal article in the course of transmission by post, on a charge
of having committed an offence declared to be cognizable by the
Penal Code or any other law for the time being in force.

77. Whoever fraudulently retains, or wilfully secretes or makes
away Avith, or keeps or detains, or when required by an officer of
the Postal Department, neglects or refuses to deliver up, any postal
article in course of transmission by post which ought to have been
delivered to any other person, or a mail bag containing a postal
article, shall be punishable with imprisonment for a term which
may extend to two years and shall also be punishable with fine
which may extend to five hundred dollars.

78. Whoever, not being an officer of the Postal Department,
wilfully and maliciously, with intent to injure any person, either
opens or causes to be opened any letter which ought to have been
delivered, or does any act Avhereby the due delivery of a letter to
any person is prevented or impeded, shall be punishable with im-
prisonment for a term which may extend to six months, or with fine
which may extend to five hundred dollars, or Avith both :

Provided that nothing in this section shall apply to a person
who does any act to which this section applies if he is a parent, or
in the position of a parent or guardian, of the addressee, and the
addressee is a minor or ward.

79. (i) Whoever shall —

(rt) Make or knoAAingly utter, deal in, or sell anj^ fictitious stamp
or knoA\dngly use for postal purposes any fictitious stamp ; or

(6) Have in his possession without laAvful excuse any fictitious

stamp ; or
(c) Make, or Avithout lawful excuse have in his possession,

any die, plate, instrument, or materials for making any

fictitious stamp ;

rosT OFFICE. 535

shall be liable on conviction on prosecution instituted by order of
the Director to a fine not exceeding one hundred dollars.

(ii) Any stamp,, die, plate, instrument, or materials found in the
possession of any person in contravention of this Enactment may
be seized and forfeited.

Forfeitures under this section may be declared by a Magistrate's
Court, and all things forfeited shall be dealt with as the Court
directs and the proceeds (if any) thereof paid into the Treasury.

Nothing in this section contained shall be held to exempt any
person from any punishment to which he may be liable under any
other law.

80. Every person violating anj'' of the provisions of this Enact- penalty for
ment or of any rule or regulation made in pursuance thereof shall gpe"ia?h''^°'^
be guilty of an offence and except where otherwise provided by provided for.
this Enactment shall be liable on conviction before a Magistrate

to a fine not exceeding one hundred dollars.

GENERAL.

81. Whoever abets the commission of any offence punishable Penalty for
under this Enactment, or attempts to commit any offence so attempting to
punishable, shall be punishable with the punishment provided for o^'ei^es under

that offence. Enactment.

82. In every prosecution for an offence in respect of a mail bag Property in
or of any postal article sent by post, it shall be sufficient, for the off«fcestobe
purpose of the charge, to describe the mail bag or postal article p^s^^"*^^
as being the property of the Postal Department, and it shall not Department.
be necessary to prove that the mail bag or postal article was of

any value.

83. In any proceeding against any person employed by or under ^°^*to°®'^^'''
the Postal Department it shall be sufficient to allege that such person described.
was employed by order of the Postal Department without stating
further the nature or particulars of his employment.

84. A share not exceeding one moiety of every fine imposed and ^l^j^grs!"
levied under this Enactment may be awarded to the Director or his
deputy on his request for the purpose of being paid to the informer.

85. No Court shall take cognizance of an offence punishable under ^^^^^^^^l^l^""
any of the provisions of Sections 60, 62. 63 clauses (a) and (b), 64, undercertaia
65, 67, 68, 70, 73, 74, 75, 76 of this Enactment unless upon com- EnalTment.
plaint made by order of, or under authority from, the Director

or his deputy.

Chapter XII.
RULES.

86. (i) In addition to the powers hereinbefore conferred the General power
Resident-General may make rules to carry out any of the purposes an ™provSons
and objects of this Enactment. Ena°ctment'!°'^"

(ii) All rules made by the Resident-General under this Enactment
shall be j)ublished in the Gazette and, on such publication, shall have
effect as if enacted by this Enactment,

536

POST OFFICE.

The First Schedule.
ENACTMENTS REPEALED.

Number.

Short title.

Extent of repeal.

Perak :

2 of 1892

The Transmission of Chinese
Letters 0. in C, 1892

The whole

4 of 1893

The Transmission of Chinese
Letters 0. in C, 1893

11 of 1895

The Post Office 0. in C,
1895

))

Selangor :

9 of 1890

The Post Office Regulation,
1890

5 of 1892

The Post Office Amendment
Regulation, 1892

21 of 1897

The Post Office Regulation
Amendment Enactment,
1897

Negri Sembilan :

E. 3 of 1895 . .

The Post Office 0. in C, 1895

Pahang :

E. 3 of 1899 . .

The Post Office Enactment,
1899

The Second Schedule.

S. 8.

I, , do solemnly and sincerely declare that I will not

wittingly or willingly open, return, or delay, or cause or suffer to
be opened, returned, or delayed, contrary to my duty, any postal
article which shall come into my hands or custody by reason of
my employment relating to the Postal Department, and that I will
not in any way embezzle any such postal article as aforesaid ; and
I make this solemn declaration conscientiously believing the same
to be true, and by virtue of the pro\asions of the Statutorj'^ Declara-
tion Enactment, 1899.

Subscribed and solemnly declared i
by the above named at in the I

State of this day of f

190 J

Before me

Magistrate.

rosT OFFICE. 537

The Third Schedule.
S. 11 (iii).

1. Every person desiring to collect letters for transmission to
China must apply for a license to the Director and no person shall
collect letters without having previously obtained such license.

2. Such license shall be in the form " A " shown below, and shall
be hung in a conspicuous place outside the shop or dwelling-place
where such letters are collected.

3. Every such license shall be in force for twelve months only
from the date of issue and a fee of five dollars per annum shall be
paid in advance for the same.

4. No person shall be permitted to collect letters at any place
other than that mentioned in his license.

5. No letter shall be transmitted otherwise than through the
Postal Department, but it shall be lawful for collectors duly licensed
thereto to transmit sealed packages of letters through the Postal
Department, provided that every such package is duly stamped by
weight in accordance with the regulations in force for the time being.

6. All account books and documents belonging to a person licensed
to collect letters under this Enactment shall be at all times open for
the inspection of the Director or his deputy or an officer of the Postal
Department deputed by the Director or his deputy.

LICENSE TO COLLECT LETTERS FOR TRANSMISSION
TO CHINA.

License is hereby granted to to collect letters for trans-

mission to China at for the period of twelve months from the

date hereof, subject to the provisions of the Post Office Enactment,
1905.

Dated this day of 190

Fee paid $5.

Director, P. dh T ., F.M.S.

PENAL CODE AND EVIDENCE.

Short title,
commencement,
and repeal.

Adoption of
Penal Code and
Evidence
Ordinance.

Pcrak.
E. 8 of 1909
28.5.1909
11.6.1909

Selangor.
E. 18 of 1905
4.12.1905
1.1.190G

Negri Scmbilan.
E. 18 of 1905
6.12.1905
1.1.1906

Pahang.
E. 12 of 1909
6.5.1909
1.6.1909

An Enactment to provide for the adoption of the Penal
Code and the Evidence Ordinance of the Straits
Settlements.

It is hereby enacted by His Highness the Sultan in Council as
follows :

1. (i) This Enactment may be cited as " The Penal Code and
Evidence Enactment, 1909," and shall come into force upon the
l)ublication thereof in the Gazette}

(ii) Upon the coming into force of this Enactment the Enactments ^
specified in the schedule shall be repealed to the extent mentioned
in the third column thereof.

2. Subject to the provisions of all other Enactments for the time
being in force within the State, the Penal Code of the Straits Settle-
ments, being Ordinance No. IV of 1871, and the Evidence Ordinance
of the Straits Settlements, being Ordinance No. Ill of 1893, together
with all legislative provisions of the Colony by which the said laws
have been or shall be added to, repealed, or amended, shall have effect
within the State in the same manner as if they had been expressly
enacted by His Highness the Sultan in Council.

The Schedtjle.2
ENACTMENTS REPEALED.

Number,

Short title.

Extent of repeal.

No. 9 of 1898 . .
No. 19 of 1903

Straits Ordinances Adop-
tion Enactment, 1898

The Penal Code Enact-
ment, 1903

The whole, in so
far as not already
repealed.

The whole

1 Selangor and Negri Sembilan : on the first day of January, 1906,

2 Pahang only.

538

PENSIONS.

Perak, Selangor. Negri Scmbilan. Pahang.

E. 1 of 1906 E. 2 of 1906 E. 2 of 1906 E. 2 of 1906

20.1.1906 26.2.1906 15.2.1906 13.5.1906

9.2.1906 2.3.1906 23.2.1906 1.6.1906

as amended by Fed. E. 18 of 1913, 16 of 1917, and 17 of 1920.

An Enactment to amend and consolidate the law relating
to the granting of Pensions and Gratuities to officers
in the public service.

It is hereby enacted by His Highness the Sultan in Council as follows :

1. (i) This Enactment may be cited as " The Pensions Enactment, short title,
1906," and shall come into force upon the publication thereof in the aaOreT^al'"''"*'
Gazette.

(ii) Upon the coming into force of this Enactment, the Enactments
specified in the schedule hereto shall be repealed to the extent
mentioned in the third column thereof.

2. (i) There shall be charged on and paid out of the general Pensions
revenues of the State all such sums of money as may from time to revenues"^! th
time be granted by way of pension, gratuity, or other allowance, state.

in accordance with the provisions of this Enactment and of any
rules made thereunder, to persons who have been in the public
service of the State.

(ii) For the purposes of this Enactment, persons who have served
in any of the Federal Establishments of the Federated Malay States
shall be considered to have been during the period of such service in
the public service of the State. Provided that the amount of any
pension, gratuity, or other allowance granted to any such person,
which is chargeable to the revenues of the State, shall be reduced
by such amount as the Resident-General may direct shall be paid
in respect of such pension, gratuit}^ or allowance out of the revenues
of the other Federated Malay States.

3. It shall be lawful for the Resident, with the approval of the Rules.
Resident-General, from time to time, to make rules for the granting

of pensions, gratuities, and other allowances to persons who have been
in the public service of the State.

4. (i) With the consent of the High Commissioner a pensio)i may Terms on which
without special reason being assigned be granted to any public officer ma^'beVant'ed
{other than a Police Officer below the rank of Probationer) who has before fi%-five.
attained the age of fifty years. e. 17 of 1920.

(ii) Except in the case of the abolition of an office, no pension,
gratuity or other allowance shall be granted.

(a) to any Police Officer below the rank of Probationer who has not

attained the age of forty-five years and whose pensionable
service as computed according to the rules made under this
Enactment does not amount to fifteen years ; or

(b) to any other public officer who has not attained the age of

fifty years;
without a certificate from two qzialified medical jiractitioners that he is
incapable, by reason of some infirmity of mind or body, of discharging

539

540

PENSIONS.

Pensions to
Europeans.

Cases of

extraordinary

merit.

Maximum
pension where
otlicer entitled
to pension from
another source.

E. 18 of 1913.

Compulsory
retirement at
fifty-five.

E, 16 of 1917.

the duties of his office, and that such infirmity is likely to he permanent :
provided tlmt in the case of an officer retiring while on leave of absence,
a certificate from any medical practitioner appointed by the Secretary
of State will be sufficient proof of incapacity for further service.

Provided also that ivhen an officer who is below the limit of age
entitling him to retire on a pension is removed from the public service
on the ground of his inability to disclmrge efficiently the duties of his
office, and the Resident or the Chief Secretary thinks that the special
circumstances of the case justify the grant to him of a retiring allowance,
he may, tvith the approval of the High Commissioner, be given such
retiring allowance as the Chief Secretary thinks just and proper, but
in no case exceeding the amount for which his length of service would
qualify him under this Enactment or the rules made hereunder, without
any addition for abolition of office.

(iii) No pension, gratuity or other allowance shall in any case be
granted to any public officer without a certificate from the Head of his
Department that he has discharged the duties of his office with such
diligence and fidelity as to justify the grant to him of a pension. When
the officer applying for a pension is himself the Head of a Department
the certificate must be given by the Besident or in the case of the Resident
or the Head of a Federal Department, by the Chief Secretary.

5. No application for a pension to an European officer shall be
dealt with by the Resident or the Resident-General, as the case may
be, without the previous sanction of the High Commissioner.

6. It shall be laAvful for the High Commissioner, subject to the
approval of the Secretary of State, in cases of peculiar and extra-
ordinary merit, to sanction the grant of pensions at higher rates
and on more favourable conditions than those which may for the
time being be authorized by any rules made under this Enactment.

7. Where an officer entitled to a pension under this Enactment is
also entitled to a pension from British funds, or from the funds of
some other Government, the maximum pension which may be
granted under this Enactment shall, in ordinary cases, be such as
when added to such other pension does not exceed two-thirds of the
highest salary drawn by such officer at any time in the course of
his service.

Provided that, except in the case of officers who prior to the 2Qth
day of August, 1902, were employed ifi the public service of the
State or of the Colony, the said maximum pension shall not be such
as when added to sucJi other peiision will exceed ojie thousand pounds
per annum.

8. (i) It shall be lawful for the Resident-General with the sanction
of the High Commissioner (subject as regards officers appointed under
instructions from the Secretary of State for the Colonies to the
approval of such Secretary of State) to require any public officer to
retire from the public service of the State at any time after he
attains the age of fifty-five years ; or, if he be a police officer below
the rank of Probationer whose pensionable service as computed according
to the rules made under this Enactment is not less than fifteen years,
at any time after he attains the age of forty -five years.

(ii) Wherever it appears to the Resident or the Resident-General,
as the case may be, that any public officer is unable to discharge

PENSIONS. 541

eflficiently the duties of his office it shall be lawful for the Resident-
General with the sanction of the High Commissioner (subject as
regards officers appointed under instructions received from or through
the Secretary of State for the Colonies to approval of such Secretary
of State) to require such officer to retire from the public service.

9. No officer shall have an absolute right to compensation for past Pensions not of
services, or to any pension under this Enactment or under any rules '"'°'***
made thereunder, nor shall anything herein or in such rules contained

limit the right of the Government to dismiss any officer without
compensation.

10. No Asiatic member of the Police Force of the State shall Police not

be entitled to any pension, gratuity, or other allowance under this pensions unjer
Enactment or under any rules made thereunder. ment!°*'^*"

11. No pension granted under this Enactment or under any rules be'assignaWe!°
made thereunder shall be assignable or transferable, or liable to be
attached, sequestered, or levied upon for or in respect of any debt

or claim whatsoever.

11a. // a ^person to whom a ipension has been granted under this company
Enactment becomes, on his final retirement jrom the service of the anTces^it^on
State, either a Director of any Company the principal part of whose of pensions.
business is in any way directly concerned loith the Federated Malay ^- ^^ of i9i3.
States or an offixer or a servant employed, in the Federated Malay
States by any such Company, without in every such case the permission
of the High Commissioner in writing first had and obtained, then in
every such case it shall be lawful for the High Commissioner, with the
approval of the Secretary of State, to direct that such pension shall
forthwith cease ; provided always that it shall be lawfid for the Secre-
tary of State on being satisfied that the person in respect of whose
pension any such direction shall have been given has ceased to be a
Director of such Company or to be employed as an officer or servant
of such Company in the Federated Malay States, as the case may be,
to give directions for the restoration of such pension, with retrospective
effect, if he shall see fit, to such a date as he shall specify.

12. If any person to whom a pension has been granted under Pensions to
this Enactment or under any rules made thereunder is convicted bln^kruptcy or
before any court in the Federated Malaj^ States or in the dominions conviction.
of His Majesty the King of Great Britain and Ireland and Emperor

of India of any crime or offence for which he is sentenced to death or
penal servitude, or transportation, or any term of imprisonment
with hard labour, or exceeding twelve months, and does not within
two months after such conviction receive the free pardon of the
Ruler of the State in which the conviction was had or of His Majesty,
as the case may be, or if any such person becomes a bankrupt, then
in every such case such pension shall forthwith cease ; provided
always that in any case where a pension ceases by reason of the bank-
ruptcy of the pensioner it shall be lawful for the Government, from
time to time during the remainder of such pensioner's life, or during
such shorter period or periods, either continuous or discontinuous,
as the Government shall think fit, to pay all or any part of the moneys
to which such pensioner would have been entitled by way of x^ension

542

PENSIONS.

Hot to adect

existiiif;;

pensions.

Interpretation.

had ho not become a bankrupt to, or apply the same for the mainte-
nance and personal support or benefit of, all or any, exclusive of the
other or others, of the following persons — namely, such pensioner,
and any wife, child, or children of his in such proportions and manner
as the Resident-General thinks proper.

13. Nothing in this Enactment contained shall affect the pensions
granted to any persons who have retired from the public service of
the State before the passing of this Enactment.

14. Where the context admits of such an interpretation the word
" pension " in this Enactment and in the rules made thereunder
is to be construed as if " pension or gratuity " were written.

The Schedule.
ENACTMENTS REPEALED.

Number.

Short title.

Extent of repeal.

Perak :

2 of 1895

Pensions 0. in C, 1895

The whole

17 of 1899

Pensions Law Amendment
Enactment, 1899

12 of 1901

Pensions 0. in C. Amend-
ment Enactment, 1901

Selangor :

4 of 1895

Pensions Regulation, 1895

24 of 1899

Pensions Law Amendment
Enactment, 1899

3 of 1902

Pensions Regulation, 1895,
Amendment Enactment,
1902

Negri Sembilan :

4 of 1895

Pensions 0. in C, 1895

3 of 1901

The Pensions 0. in C, 1895,
Amendment Enactment,
1901

19 of 1901

The Pensions 0. in C. Amend-
ment Enactment, 1901

Pahang :

11 of 1900

Pensions Enactment, 1900

1 of 1902

The Pensions Enactment
Amendment Enactment,

1902

PRISONS.

Pcrak. Selangor. Negri Sembilan. Pahang.

E. 19 of 1907 E. 12 of 1907 E. 12 of 1907 E. 10 of 1907

1.10.1907 6.6.1907 10.6.1907 28.5.1907

18.10.1907 21.6.1907 14.6.1907 17.0.1907

as amended by Fed. E. 23 of 1919.

An Enactment to repeal and re-enact with amendments •
" The Prisons Enactment, 1904."

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as " The Prisons Enactment, ^''°^*j|^^^'
1!)07," and shall come into force upon the publication thereof in the an(i?^p"ai!" '
Gazette.

(ii) Upon the coming into force of this Enactment, the Enactment
specified in the schedule shall be repealed to the extent mentioned in
the third column thereof.

(iii) All rules, notifications, and appointments made under the
provisions of the Enactment hereby repealed shall, so far as they are
consistent with the provisions of this Enactment, be deemed to have
been made under this Enactment.

2. It shall be laAvful for the Resident to appoint such and so many Appointment
prisons as may be necessary for the custody of persons undergoing ° p'^^°°s-
sentence of law for criminal offences, and of persons committed for

trial or remanded for further examination, and of persons confined
on civil process, and to define by notification in the Gazette which
prisons shall be used for the custody of particular classes of prisoners.

3. The prisons in each administrative district of the State shall be f^tGnlt^^"^^^'
under the care and control of an officer to be appointed by the Resi-
dent to be styled District Superintendent of Prisons. In districts

for which no Superintendent has been appointed the District Officer
may exercise all the powers and discharge all the duties conferred
and imposed on a District Superintendent by this Enactment or any
rules made thereunder.

4. It shall be lawful for the Resident, with the approval of the inspector and
Resident-General, to appoint an Inspector of Prisons for the whole ^^°^^'^-
State, and to appoint such number of Gaolers as may be necessary

for the control and management of the prisons throughout the State,

5. It shall be lawful for the Resident, with the approval of the warders and
Resident-General, to fix from time to time the number of Warders natroffice°sf'"
and other subordinate officers that may appear to him necessary for

each prison, and such Warders and other subordinate officers shall
be appointed and may be promoted by the Inspector of Prisons,
with the approval of the Resident, and may be reduced or dismissed
with the like approval. Any of the officers in this section referred to
may be suspended from the performance of duty by the Inspector of
Prisons, pending reference to the Resident ; and all such officers
may be employed in any part of the State and may, with the approval

543

544

PRISONS.

Continuation of
service of
Warders and
Other subordi-
nate oflicers.

Powers of
punislimont to
District Super-
intendents and
Visiting
Justices.

Punisliment of
Gaolers,
Warders, and
subordinates by
Magistrate.

Rules.

of the Resident-General, be transferred to similar service in any other
of the Federated Malay States,

6. All Warders and other subordinate officers not engaged or
re-engaged for a term of years, or who shall remain on without special
engagement at the end of such term, shall be held to be under
engagement to the Government to serve in the prisons staff from
month to month, every such engagement after the first month's
service being held to commence on the first and to be determinable
on the last day of each successive month ; and no such Warder or
other subordinate officer aforesaid shall, without written permission
from the District Superintendent of Prisons, withdraw from the
prison duties unless, at least one month previously to such with-
drawal, he shall have given notice thereof in writing to the District
Superintendent of Prisons. Every Warder or other subordinate
officer offending against any provision in this section shall, on con-
viction thereof before a Magistrate, be liable to a fine not exceeding
fifty dollars or to imprisonment of either description for a term not
exceeding three months, and all arrears of pay due to him at the time
shall be forfeited.

7. Subject to the provisions of this Enactment there shall be
vested in District Superintendents and in Visiting Justices such
powers of punishment, whether of Warders and other subordinate
officers or of prisoners, as may be prescribed by rule under Section 9.

8. Any Gaoler, and any Warder or other subordinate officer,
offending against any of the provisions of this Enactment or of any
rule made thereunder may, if it shall appear that the offence is one
which cannot be properly dealt with by the District Superintendent,
be charged before a Magistrate, and if convicted of the offence the
Magistrate may sentence him to pay a fine not exceeding one hundred
dollars, or to imprisonment of either description for a period not
exceeding three months, or to both. Any Gaoler, and any Warder
or other subordinate officer, who shall threaten or insult a superior
officer within the precincts of the prison, or when such superior
officer shall be on duty, or when such threat or insult shall relate to
or be consequent on the discharge of duty by the officer so threatened
or insulted, shall be liable on conviction to a fine not exceeding five
hundred dollars or to imprisonment of either description for a period
not exceeding one year. Any person convicted under this section
shall be forthwith dismissed from the prison staff, and shall forfeit
all arrears of pay.

9. (i) It shall be lawful for the Resident from time to time, with
the approval of the Resident-General, to make rules, not inconsistent
with the provisions of this Enactment, to prescribe the powers and
duties of Visiting Justices and prison officers ; and to provide for the
management and internal discipline of prisons ; and for securing
records of the personal identity of prisoners whether by photography
or otherwise, wdth the time or times at which and the manner in
which such photographs or other records are to be taken and the
persons, if any, in addition to those provided for in this Enactment,
to whom such photographs or other records are to be sent ; and for
the employment, diet, classification and separation of prisoners ;
and as to the kind of labour to be exacted at the different stages of

PRISONS. 545

their imprisonment, with the manner and place of exacting the same ;
and as to tlie remission of sentences to be allowed to prisoners who
duly comply with the rules to which they are subjected, and the
conditions on which such remissions are to be made.

(ii) When in any such rules provision is made for sentencing
prisoners to corporal punishment such provision shall in no case
apply to females, and the total number of strokes to be inflicted under
any such sentence shall not exceed twenty-four in the case of adult
males and twelve in the case of juvenile male offenders, and no
prisoner shall be liable to more than one such sentence in respect of
the act or acts or omission or omissions in respect of which he will
have been sentenced as aforesaid ; nor shall any sentence of corporal
punishment be passed except after enquiry on oath.

(iii) All rules made under this section shall be published in the
Gazette and shall thereupon have the force of law\

(iv) Every person acting in contravention of any such rule for
the breach of which no penalty is otherwise expressly provided shall,
on conviction, be liable to fine not exceeding one hundred dollars.

10. All pay which shall be forfeited by, and fines inflicted on, Prison rine
members of the prisons staff by virtue of the powers contained in this *"'* Reward
Enactment shall be paid into a fund to be called the " Prison Fine

and Reward Fund," which Fund shall be applied to the purpose of
rewarding prison officers for extra or special services and to the
procuring of any comforts, conveniences, or advantages for the staff
generally which ma}^ not be chargeable on the Treasury, and shall be
administered subject to the prison rules.

11. The Resident may appoint in each administrative district a visitinct
Board to be called " The Board of Visiting Justices," of which all Justices.
Magistrates shall be ex-ofpcio members, who shall from time to time,

and as often as may be required by the Resident, visit the several
prisons in the district, and shall see that the same are kept in proper
order and that the rules for the management and discipline of the
prisoners are duly enforced, and shall report thereon, as may be
required by the Resident. The Chairman of every Board shall be
nominated by the Resident. The Board shall meet ordinarily twice
in each year, and at such other times as the Chairman may call the
members together. The Board shall arrange a roster appointing
two of its members in rotation to be the Visiting Justices for each
month of the year, and such Visiting Justices shall visit each prison
in the district at least twice during each time of duty and shall hear
and determine all complaints and breaches of discipline which may be
brought to notice by the District Superintendent of Prisons or the
Gaoler,

12. It shall be laAvf ul for a District Superintendent of Prisons to Punishment of
punish, by confinement in a punishment cell for a period not exceed- DiSrict super-
ing seven days on a diet of bread and water or rice and water, or by intendent.
work at a crank of twelve pounds pressure for a period not exceeding

seven days with a maximum of ten thousand revolutions dailj^, or
in such other manner as may be prescribed by rule under Section 9,
any prisoner whom he may find, after due investigation, to have been
guilty of any of the following offences :

(1) Disobedience to the rules of the prison ;

1—35

546

PRISONS.

Punishment of
prisoners by
Visiting
Justices.

Visits by Judge
or Magistrate.

Removal of
prisoners.

(2) Assaults by one prisoner on another ;

(3) Profane cursing, or swearing, or using indecent, violent,

threatening, or insulting language ;

(4) Indecent or disorderly behaviour ;

(5) Idleness, or negligence at work, or wilful damage to or

mismanagement of it ;
(C) Defacing or injuring the walls, furniture, or other property of

the jjrison ;
(7) Malingering.
Provided that punishment on a diet of bread and water or rice and
water shall in no case be awarded for any longer continuous period
than three consecutive days, and provided further that a Superin-
tendent shall not be empowered to award in any case corporal
punishment exceeding twelve strokes with a rattan.

13. If any prisoner be guilty of a repeated offence against the
rules of the prison, or of any offence for the due punishment of
which the District Superintendent of Prisons may deem the powers
vested in him insufficient, the District Superintendent shall forth-
with report the matter to the Visiting Justices, who shall investi-
gate the charge, and it shall be lawful for such Justice or Justices
to punish any prisoner, whom after due enquiry upon oath he or
they may find guilty of such offence, with confinement in a punish-
ment cell for any term not exceeding thirty days, upon such diet
as he or they may think fit, and by such other penalties as may be
prescribed by rule under Section 9. Provided that punishment
on a diet of bread and water or rice and water shall in no case
be awarded for any longer continuous period than three con-
secutive days, and provided further that Visiting Justices shall
not be empowered to award in any case corporal punishment
exceeding twenty-four strokes with a rattan.

14. Every Judge or Magistrate having jurisdiction in the place
where any prison is situated may, whenever he thinks fit, enter
into such prison and examine the condition thereof and of the
prisoners therein, and he may enter any observations which he
may think fit to make mth reference to the condition of the prison
or prisoners in a visitors' book, to be kept for that purpose by
the District Superintendent of Prisons, which book shall be duly
produced to the Visiting Justices at their next ensuing visit.

15. (i) The Resident may at any time by order under his hand
and seal remove all or any prisoners confined in any prison to
another prison within the State, and it shall not be necessary in
such order to designate any prisoner by name but it shall be
sufficient to describe such prisoners by reference to their nationality
or sentence or by some other like general description.

(ii) Whenever a prisoner undergoing a sentence of imprisonment
appears to the Resident to be of unsound mind the Resident may,
by order under his hand and seal setting forth the grounds of
belief that such prisoner is of unsound mind, direct his removal
to any Lunatic Asylum or other fit place of safe custody within
the State, there to be kept and treated as the Resident shall direct
until the expiration of the term of imprisonment ordered by the

PRISONS. 547

sentence or if it shall be certified by a medical officer that it is
necessary for the safety of the prisoner or of others that he should
be detained under medical care and treatment, then until he shall
be discharged according to law ; and when it appears to the Resi-
dent that such prisoner has become of sound mind the Resident
shall, by order under his hand and seal, return him to the prison
whence he was removed if his term of imprisonment has not
expired, but if such term has expired shall direct him to be dis-
charged ; and it is hereby declared that the provisions of Section 32
of the Lunacy Enactment, 1898, shall apply to every person
confined in a Lunatic Asylum under this sub-section after the
expiration of the term of imprisonment to which he has been
sentenced, and the time during which he is so confined shall be
reckoned as part of such term.

(iii) The time occupied in effecting any removal under this
section shall be reckoned as part of the term of imprisonment.

16. Whenever any person shall be sentenced by a Criminal "Eigorous"
Court to '■ rigorous imprisonment " or imprisonment with hard tmprisonment'.
labour, the same shall mean hard labour, in chains if necessary,

within or without a prison, in such manner as the Resident shall
appoint ; and whenever any jDcrson shall be sentenced to " simple
imprisonment," the same shall mean imprisonment without hard
labour, within a prison, and such person shall not be required to
labour, beyond such labour as may be reasonably proper for keeping
the prison clean.

17. Debtors, and persons on remand charged with offences, or certain inmates
committed to take their trial, or confined for want of sureties, shall associate wUh°
not be liable to be associated with convicted prisoners, nor shall conyicta.
they be required to labour, beyond such labour as may be reason-
ably proper for keeping their persons and dress in a proper state

and keeping the places in which they are confined clean.

18. The Inspector of Prisons and all District Superintendents of Prison officers
Prisons, all Gaolers, and all Warders and other subordinate officers servants'"
of a prison, appointed under this Enactment or under any rules

made thereunder, shall be deemed to be " public servants " within
the meaning of the Penal Code.

19. Whoever contrary to the rules of the prison brings, throws, Penalty for
or attempts by any means whatever to introduce, into any prison askTconvey-^^
or any place provided for the temporary shelter and safe custody ?nce of articles

J. . ^ ^ ... i-/iT j^i into or out of

01 j)nsoners any spirituous or lermented liquor, or tobacco, or a prison.
intoxicating or poisonous drug, and every officer of a prison who
knowingly suffers any such liquor, tobacco, or drug, to be sold or
used in any prison or any such place contrary to such rules, and
whoever contrary to such rules conveys or attempts to convey any
letter or other article into or out of any prison or any such place
or to or from any prisoner, and whoever abets any offence punish-
able by this section, shall, on conviction, be liable to rigorous
imprisonment for a term not exceeding six months, or to a fine
not exceeding one hundred dollars, or to both.

20. District Superintendents of Prisons appointed under this District super-
Enactment are hereby authorized and required to keep and detain Jfetl'l^^persons
all persons duly committed to their custody by any Court, Judge, committed.

548

PRISONS.

Delivery of
persons on
reiuanil.

Intermciliate
custody of per-
sons arrested on
warrant of Civil
Court.

Production of
prisoners before
a Court.

E. 23 of 1919.

or other pulilic ofricer lawfully exorcising civil or criminal juris-
diction accorcling to the exigency of any warrant or order by which
such person shall have been conunitted, or until such person shall
be discharged by due course of law.

21. Every person remanded to any prison by any Magistrate
charged Avith any offence; shall be delivered to the Gaoler of such
prison as the Resident ma}' a])point for the custody of such persons,
together with the warrant of commitment, and such CJaoler shall
detain such person according to the terms of such warrant, and
shall deliver such person to such Magistrate, or discharge such
person, at the time named in and according to the terras of such
warrant.

22. Every person arrested in pursuance of any warrant or order
of any Court in the State having civil jurisdiction shall be brought
without delay before the Court by whicli, or by a Judge or Magis-
trate of which, the warrant or order was issued or made, and if
such Court or a Judge or Magistrate thereof is not then sitting
such person shall be delivered, for intermediate custody, to the
Gaoler of such prison as the Resident may appoint for the custody
of such jjcrsons, and shall be brought by him before the said Court
or a Judge or Magistrate thereof at its next sitting in order that
such person may be dealt with according to law.

23. Whenever the presence of any person confined in a prison
is required in any Court of civil or criminal jurisdiction, it shall be
lawful for the presiding officer of such Court to issue an order in
writing, addressed to the District Superintendent of Prisons,
requiring the production before the Court of such person in proper
custody at the time and place to be named in such order ; and
the District Superintendent shall cause the person named in such
order to be brought up as directed, and shall provide for his safe
custody during his absence from prison ; and every such presiding
officer of a Court may, by endorsement on such order, require the
person named therein to be again brought up at the time to which
the matter wherein such person is required may be adjourned.
Any person detained in custody, with a view to banishment, shall
be brought before the State Council whenever so required by the
written order of the Resident.

24. (i) It shall be lawful for the Resident, with the approval of
the Resident-General, to appoint an officer to be called the Registrar
of Criminals, who shall be in charge of a register of all persons
convicted of crimes committed in the State, and in such other places
as the Resident may, with the approval of the Resident-General,
from time to time direct to be included within the scope of the
said register, and of all persons ordered to be banished from the
State or from such other places as aforesaid. Such register shall
be kept at such place within or without the State and in such
form and manner as the Resident may, with the approval of the
Resident-General, from time to time direct.

(ii) Every -prisoner convicted of a crime or ordered to he banished
from the State shall he legally hound to suhmit to the taking of his
photograph and finger impressions, and it shall he the duty of every
District Superintendent of Prisons to cause the same to he taken as

PRISONS. 549

soon as coiivc.ttienllij may be in such manner as the llesidenl may
with the approval of the Chief Secretary to Governm,eM direct, and
every such District Superintendent shall attach thereto a description
of tlie prisoner, including the sex, age, or apparent age, bodily
appearance, height, and any distinctive marks appearing on the
person, together with the name or names by which the prisoner is
or is believed to have been known and any other available infor-
mation as to the personal identity of such prisoner, and shall
thereafter forthwith — ■

(a) record in his own office one copy of such photograph and

description ;
(6) forward, in the case of a prisoner convicted of a crime, one
copy of such finger impressions and description, and, in
the case of a prisoner against whom an order of banish-
ment has been made, two copies of such photograph,
finger impressions, and description to the Registrar of
Criminals.
He shall authenticate with his signature every copy of such photo-
graph, finger impressions, and description so recorded or forwarded,
(iii) The Registrar of Criminals shall, upon the receipt of the
copies forwarded to him under the provisions of sub-section (ii),
and upon the receipt of similar copies from the officer in charge
of a register of criminals or of a prison in any such other place as
may have been directed under the provisions of sub-section (i)
to be included within the scope of the register hereby prescribed,
forthwith register and record the same.

(iv) Every such photograph, finger impression, and description,
if duly produced from proper custody and authenticated as afore-
said, and every certificate of previous conviction or of order of ^ osofiaia.
banishment purporting to have been compiled from particulars
furnished to the Registrar of Criminals under the provisions of
this section, if authenticated by the signature of the Registrar of
Criminals, shall be admissible in evidence in any Court of the
State and shall be sufficient proof of the facts thereon stated and
appearing unless and until the same shall be disproved.

(v) In this section the expression " crime " means any offence
punishable with rigorous imprisonment for not less than two
years, and includes cases in which the punishment of death has
been commuted to rigorous imprisonment, and also any other
offences which the Resident, with the approval of the Resident-
General, may, by notification in the Gazette, declare to be included
therein for the purposes of this section.

Schedule.
ENACTMENTS REPEALED.

Number.

Short title.

Extent of repeal.

Pk. : 25 of 1904
Sel. : 25 of 1904
N.S. : 24 of 1904
Pg. : 16 of 1904

■

The Prisons Enactment,
1904

The whole

APPKAISERS (AMENDED).

Short title, com-
mencement, and
repeal.

Appraisers.

Exemption of
property not
exceeding two
thousand
dollars in value.

Licenses.

Perak.
E. 22 of 1907
4.12.1907
13.12.1907

Sclangor.
E. 19 of 1907
3.12.1907
28.12.1907

Negri Scml)ilan.
E. 17 of 1907
3.12.1907
13.12.1907

Pahaug.
E IG of 1907
24.11.1907
10.12.1907

An Enactment to repeal and re-enact with amendments
the Law relating to the Licensing of Appraisers.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as " The Appraisers
(Amended) ^ Enactment, 1907/' and shall come into force upon
the publication thereof in the Gazette.

2 (ii) Upon the coming into force of this Enactment the Enact-
ment specified in the schedule hereto shall be repealed to the
extent mentioned in the third column of the said schedule.

2. In this Enactment the term "appraiser" includes every
person who shall value or appraise any estate or land or any im-
movable property or movable property of whatsoever description
or any interest therein, whether in possession, reversion, remainder,
or contingency, for or in expectation of any fee, reward, or valuable
consideration paid or to be paid to him therefor.

3. Nothing in this Enactment shall apply to the appraisement
of any property or of any interest therein when the value of such
property does not exceed two thousand dollars and the appraise-
ment is conducted by a person authorized in ■WTiting by the Secre-
tary to the Resident or by a District Officer in such behalf.

4. (i) The Resident may from time to time by writing under
his hand license fit persons to be appraisers.

(ii) Such licenses shall be of two kinds — viz.,

(a) Licenses to value or appraise anj?^ such property or interest
as is referred to in Section 2, hereinafter referred to as
first-class licenses ;

(6) Licenses to value or appraise any such proj^erty or interest
as aforesaid other than any estate, land, or immovable
property, or any interest therein, when the area of such
estate, land, or immovable property exceeds 100 acres,
hereinafter referred to as second-class licenses.

(iii) Every applicant for a license shall state the class and descrip-
tion of property in resjDcct of which the license is applied for ;

1 Omit " (Amended) " in Perak.

550

2 Omitted in Perak.

APPRAISERS (amended).

551

(iv) In every license there shall be set out the name of the
licensee, his place of residence, the date of issue of the license, and
the class and description of property to be valued or appraised
thereunder ;

and every license shall be for the valuation and appraisement only
of such class and description of property as shall be specified
therein and no other.

(v) Every license shall expire on the thirty-first day of December
next following the date of its issue.

5. The Resident may refuse anj' application for a license under Eefusaiand
this Enactment, whether the applicant has previously held such a ofyicens^°"
license or not, and may in his discretion cancel any license that

shall have been issued under this Enactment.

6. Every issue or cancellation of a hcense under this Enactment Oaietienotm-
shall be notified in the Gazette. *'^"°°'-

7. The fee for a first-class license shall be ten dollars and for Fees.
a second-class license five dollars.

8. Anj^ person, not authorized in that behalf under any other offences and
law for the time being in force and not being a Government servant Penalties.
appraising Government property or an officer of a Court of Justice

acting under the authority of such Court, who shall act as an
appraiser

(a) Without being duly licensed or authorized in that behalf
under this Enactment, or

(h) In a manner outside the scope or contrary to the terms of
any license issued to him,

shall be liable on conviction to a fine not exceeding one thousand
dollars, and the license of any person convicted under this section
may be cancelled by the Court before which the conviction is had.

Schedule. 1
ENACTMENTS REPEALED.

Number.

Sel. : 7 of 1907
N.S. : 2 of 1907
Pg. : 4 of 1907

Short title.

The Apj)raisers Enactment,
1907

Extent of repeal.

The whole

1 Omitted in Perak.

MEDICAL REGISTRATION.

Short title,
commence-
ment, and
repeal.

Interpretation
reference to
S.S. Ordinance
XI, 1907.

Publication of
register.

Privileges.

Disabilities.

Perak.

Sclangor.

Negri Scnibilan.

Pahang.

E. 23 of 1907

E. 21 of 1907

E. 18 of 1907

E. 15 of 1907

4.12.1907

3.12.1907

24.11.1907

1.1.1908

An Enactment to provide for the privileges of Medical
Practitioners registered under " The Medical Regis-
tration Ordinance, 1907/' of the Colony, and for
the disabilities of persons not so registered.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as " The Medical Registra-
tion Enactment, 1907," and shall come into force on the 1st day
of January, 1908.

(ii) 1 On the commencement of this Enactment the Enactment
specified in the schedule hereto shall be repealed to the extent
mentioned in the said schedule.

2. In this Enactment " Ordinance " means " The Medical Regis-
tration Ordinance, 1907," of the Colony, and " registered Medical
Practitioner " means a Medical Practitioner registered under the
said Ordinance.

3. (i) There shall be published in the Gazette, as soon as con-
veniently may be after the first day of January in each year, a
list containing the names and qualifications of all registered Medical
Practitioners.

(ii) The publication in such list shall be prima facie evidence that
the persons named therein are registered under the Ordinance and
the absence of the name of any person from such list shall be primd
facie evidence that such person is not so registered.

4. Every registered Medical Practitioner shall be entitled to
practise medicine, surgery, and midwifery in the State, and to
demand, sue for, and recover in any Court in the State, with full costs
of suit, reasonable charges for professional aid, advice, and visits,
and the value of any medicine or other medical or surgical appliances
rendered or supplied by him to his patients.

5. (i) No person shall be entitled to recover in any Court in the
State any charge for medical or surgical services rendered or for
medicines prescribed and sujjplied within the Colony or Federated
Malay States, unless he be a registered Medical Practitioner.

1 Omitted in Perak.
552

MEDICAL REGISTRATION.

553

(ii) No person shall be entitled to recover in any Court in the
State any charge for medical or surgical services rendered or for
medicines prescribed and supplied outside the Colony or the Feder-
ated Malay States, unless he is the holder of a British, British-Indian,
or British-Colonial degree, diploma, or license specified by an order of
the Governor of the Colony in Council, as rendering the holder thereof
entitled to registration under the Ordinance.

6. No certificate or other document required by law to be signed
by a duly qualified Medical Practitioner within the State given after
the commencement of this Enactment shall be valid unless signed by
a registered Medical Practitioner.

7. From and after the coming into force of this Enactment the
words "legally qualified Medical Practitioner" or "duly qualified
Medical Practitioner " or any words importing a person recognized
by laAv as a Medical Practitioner or member of the medical profession,
when used in am^ Regulation, Order in Council, Enactment, or rule
thereunder with reference to such persons within the State, shall be
construed to mean a registered Medical Practitioner.

8. All Medical Officers of His Majesty's Army and Navy, respec-
tively, residing in the State while on full pay and all ships' surgeons
while in discharge of their duties shall be entitled to the privileges of
registered Medical Practitioners.

9. Any person who, after the coming into force of this Enactment,
wilfully and falsely makes or uses in the State any name, title, or
addition implying a qualification to practise medicine or surgery, or
not being a registered Medical Practitioner or exempted from
registration under section 8 of this Enactment, practises or professes
to practise or publish his name as practising medicine or surgery or
receives any payment as practising medicine or surgery shall be
liable, on summary conviction before the Court of a Magistrate of
the First Class, to a penalty not exceeding five hundred dollars a day
during the continuance of such offence.

10. Nothing contained in this Enactment shall be construed to
prohibit or prevent the practice of native systems of therapeutics
according to Indian, Chinese, or other Asiatic method.

Medical
certificates.

Exemptions
from regis-
tration.

Penalty for
unlawful use of
title implying
qualification or
practising
without being
registered.

Native
practitioners.

Schedule.^
ENACTMENT REPEALED.

Number.

Short title. Extent of repeal.

Sel. : 9 of 1906 . . ]
N.S. : 7 of 1906 . . I
Pg. : 10 of 1906 . . J

The Medical Registration
Enactment, 1906

The whole

^ Omitted in Perak.

REFORMATORY SCHOOLS.

rerak.

Sclangor.

Negri Sembilan.

Pahaiig.

E. 7 of 1908

E. 9 of 1908

E. 11 of 1908

E. 6 of 1909

22.12.1908

28.12.1908

30.12.1908

30.1.1909

28.12.1908

31.12.1908

1.3.1909

Short title and
commence-
ment.

Interpretation,

Whereas it has been found to be expedient to make provision for
dealing with youthful offenders otherwise than in accordance with
the law hitherto in force in the State :

And whereas by " The Youthful Offenders Reception Ordinance,
1908," of the Colony, hereinafter referred to as the " Ordinance," the
Governor of the Colony, with the advice and consent of the legislative
Council thereof, has provided for the reception into the Colony, and
for the detention therein, of destitute children and of youthful
offenders convicted of offences in the Federated Malay States :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Reformatory Schools
Enactment, 1908," ^ and shall come into operation upon the publica-
tion thereof in the Gazette.

2. In this Enactment unless the context otherwise requires —

(a) " Youthful offender " includes any child who, in absence of

legal proof to the contrary, is, in the opinion of the Court
before which such child shall be convicted of any offence
punishable by fine or by imprisonment or either description,
above the age of seven and under the age of sixteen years ;

(b) " Destitute child " includes any child, apparently under the

age of fourteen years, that comes within any of the follow-
ing definitions — namely :

(1) That is found begging or receiving alms (whether

actually or under the pretext of selling or offering
for sale anything) , or being in any street or public
place for the purpose of so begging or receiving
alms ;

(2) That is found wandering and not having any home

or settled place of abode or proper guardianship
or visible means of subsistence ;

(3) That is found destitute, either being an orphan or

having a surviving parent who is undergoing
rigorous imprisonment ;

(4) That frequents the company of reputed thieves ;

(c) " Magistrate " means a Magistrate of the First Class sitting
in exercise of his criminal jurisdiction.
1 Pg., 1909.
554

REFORMATORY SCHOOLS. 555

3. (i) When a youthful ofTender has been convicted before tlic Court may
Supreme Court or the Court of a Magistrate of any offence punishable offender to'bc'
Avith fine or imprisonment of cither description it shall be lawful for ^cnt to a refor-
such Court instead of passing any other sentence authorized by law

to order such youthful offender to be sent to such reformatory
school in the Colony as the Colonial Secretary by order under Section
3 of the Ordinance may direct, and to be detained there for a period
of not less than two or more than five years and not extending in any
case beyond the date at which such youthful offender shall attain the
age of eighteen years.

(ii) It shall be lawful for such Court, in addition, to order such court may order
youthful offender, if a male, to be whipped with not more than ten addlS^f "^
strokes of a light rattan or cane within the Court premises and in the
presence, if he desires to be present, of the parent or guardian of such
youthful offender.

(iii) It shall also be lawful for such Court, in addition, to inflict court may cne
on the parent or guardian of such youthful offender a fine not exceed- guardiarTin
ing twenty dollars in any case in which such Court, after summary addition.
enquiry, is satisfied that such parent or guardian has, by neglecting
to take proper care or otherwise, conduced to the misconduct of such
youthful offender : provided that no parent or guardian shall be so
fined without his having had the opportunity of being heard and, if
he so desires, of adducing evidence in his defence.

4. (i) It shall be lawful for any person to bring before a Magistrate Destitute
any apparently destitute child. sent to°e?or'^

(ii) If such Magistrate shall be satisfied on enquiry that such child ^^ °^ ^^ °° '
is a destitute child, and that it is expedient to deal with such child
under this Enactment, it shall be lawful for such Magistrate to
make in respect of such child the order authorised by Section 3 (i) to
be made in respect of youthful offenders.

5. No order passed on a youthful offender under Section 3 (i) or order to be
on a destitute child under Section 4 (ii) shall be put into effect until the RSwenf.
confirmed by the Resident, who may in his discretion cancel the

same, and also, if he think fit, in the case of a youthful offender, direct
that such youthful offender be again taken before the Court by which
such order was made, and such Court shall thereupon have power to
pass on such youthful offender any other sentence or order authorized
by law for his offence.

6. Upon confirmation by the Resident of any order passed in onconfirma-
accordance with Section 3 (i) or Section 4 (ii) the youthful offender or Resident, the
destitute child upon whom such order has been passed shall be ^ppi"^"'^*' *^°
deemed to be a youthful offender or destitute child, as the case may

be, for the purposes of Section 4 of the Ordinance.

7. In any case in which any child shall be detained under the Parent or
provisions of this Enactment in a reformatory school the parent of nabie to pay
such child, or, if such child is an orphan, the guardian or other ancrofy'i^uth-
person legally liable to maintain such child, shall, if able to pay the fui offender or
whole or part of the cost of maintaining such child at such school, be
compellable to do so as hereinafter provided.

556

REFORMATORY SCHOOLS.

Proceedings to
enforce raaiu-
tenance.

Order of pa.V'
ment.

Recovery of
sums due.

8. A Magistrate liaving jurisdiction in the jjlacc whore the person
liabh> to make the payment resides, shall, on the application of any
police olKcer or of anyone authorized by the Resident in that behalf,
issue an order on the said person to show cause why he should not
pay for the maintenance of the child at the rate fixed by the Governor
of the Colony in Council under the Reformatory and Industrial
Schools Ordinance, 1890, of the Colony, and named in such order.

9. If the said person shall appear in answer to such ordt^, or if, in
case of his absence, it shall be proved to the satisfaction of the
Magistrate that the order has been duly served on the said person,
the Magistrate shall summarily enquire into his circumstances and if
satisfied that he can pay the whole or any part of such cost of main-
tenance shall pronounce an order according to the justice of the case
requiring such payment to be made into Court.

10. All sums ordered to be paid into Court under Section 9 may
be recovered in the manner provided by law for the recovery of fines.

11. The Resident shall have power to remit, wholly or in part, any
payment ordered under Section 9.

WATERWORKS.

Pcrak. Selangor. Negri Sembilan.

E. 5 of 1909 E. 3 of 1909 E. 5 of 1909

23.3.1909 15.2.1909 27.7.1909

as amended by Fed. E. 24 of 1918.

Pahang.
E. 5 of 1909
30.1.1909

An Enactment to impose a Water Rate witliin Sanitary
Board areas.

Short title and
commence-
ment.

Sanitary Board
may levy a rate.

It is hereb}' enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as " The Waterworks Enact-
ment, 1909," and shall come into operation within such Sanitary
Board areas and at such dates, respectively, as may be proclaimed by
the Resident, with the approval of the Resident-General, by notifica-
tion in the Gazette.

^ (ii) The Regulation specified in the schedule hereto is hereby
repealed to the extent specified in the said schedule.

2. It shall be lawful for the Sanitary Board having control over
any area in respect of which this Enactment shall have come into
operation to impose and levy, as from the date from which a public
water supply shall have been provided, a water rate upon all lands,
houses, and buildings within such area.

3. (i) The water rate to be paid on all lands, houses, and buildings Scope of rate.
within such area shall be payable upon their annual value and shall

be fixed from time to time by the Sanitary Board with the previous
sanction of the Resident, and may be levied as a part of the total
annual rate for the general purposes of "The Sanitary Boards
Enactment, 1907," provided for by Section 11 of the said Enactment,
but so that such water rate shall in no case exceed a maximum of
four per cent, on such annual value and that the total annual rate
aforesaid, including such water rate, shall not exceed fifteen per
cent, of such annual value.

(ii) No mosque, church, or other building exclusively devoted to
religious worship, shall be liable to ordinary assessment or water
rate under this Enactment ; such buildings shall, however, be liable
to a rate of two per cent, in respect of any private service allowed
under Section 9 hereof.

4. The annual value of all lands, houses
ascertained for the purposes of

1907," shall be deemed to be their annual value for the purposes of
this Enactment.

and buildings, as Annual value

The Sanitary Boards Enactment, ascertaiifed.

1 Omitted in Perak and Pahang.
557

558

WATERWORKS.

Sanitary Board
and State
Engineer to act
for Qovernment
and appoint
oQicers.

Exemption
from rates.

Removal of
persons liable
to rate.

Ratepayers
entitled to use

stand-pipes.

Private supply
may be given.

5. The Sanitary Board and the State Engineer shall execute the
duties and exercise the i)owers hereinafter assigned to them
respectively, and shall appoint such inspectors, clerks, and other
officers as may bo necessary, with the sanction of the Resident.

6. The Sanitary Board may from time to time, with the sanction
of the Resident, by notice in the Gazelle, exempt from the water
rate, or reduce the water rate on, lands, houses, and buildings
in any street or place which shall not in its opinion be sufficiently
supplied mth water from the waterworks.

7. Any person liable to the payment of the water rate on any
house or building which after payment of the rate shall cease to
be occupied shall bo entitled to a refund of the water rate paid
in respect of such house or building for any period beyond the
then current quarter.

8. Every person paying such water rate shall be entitled to have
from the Sanitary Board free of further charge in respect thereof
a supply of water from the public stand-pipes for the domestic
use of himself and his household.

9. (i) The Sanitary Board may, with the consent of the State
Engineer, on application by the owner or occupier of any house
or building within the area under its control, allow a private
service of water to such house or building for domestic or other
purposes in such quantities and under such conditions as the
State Engineer may deem reasonable.

(ii) The Sanitary Board may, in like manner, allow a private
service of water to houses and buildings outside the said area
subject to the approval of the Resident and to such terms and
conditions as he may direct in each case.

(iii) The Sanitary Board may in its discretion refuse or dis-
continue any private water supply. Any person aggrieved by any
action of the Sanitary Board under this sub-section may within
one month of such refusal or discontinuation appeal to the Resident,
whose decision shall be final.

Water rent 10. All sums due on accouut of water supplied under the last

recoverable as a section shall, whcn Certified by the Sanitary Board, be recovered

as if the same were a rate leviable under " The Sanitary Boards

Enactment, 1907."

Addition 1 rate. 11« (i) It shall be lawf ul for the Sanitary Board to charge an
E. 24 of 1918. additional water rate of two per cent, on the annual value of all
houses and premises within the area under its control supplied
with a private service for domestic purposes ivhich is not charged
for under sub-section (ii), and to levy such additional water rate
either separately or in conjunction with the rate mentioned in
Section 3.

(ii) It shall be lawful for the Resident, with the apj)roval of
the Resident-General, to prescribe from time to time by notification
in the Gazette the rates to be charged for all private sujjplies made
by measure or by meter or otherwise, and for all supplies made
under Sections 17 and 18 whether by measure or by meter or
otherwise.

WATERWORKS. 559

12. When a private service is allowed the State Engineer shall state Engineer
make the necessary connection between the street waterworks *o lay pipes from

1 .1 • i 1 T 1 1 1 11 1 IT mam to inside

pipe and the premises to be supplied, and shall sujiply and adjust of boundary,
all pipes and fittings, but the cost of such connection and of all payer-s'eipensei
piping and of all the internal fittings for such private service shall
be borne by the owner or occupier.

13. No connection shall be made with the street waterworks pipe inside service
until it shall have been approved by the Sanitary Board and the before^water*
estimated cost thereof shall have been deposited with the Secretary laid on.

of the Board, and until all the private piping and internal fittings
requisite for the private service shall have been previously erected
and completed to the satisfaction of the State Engineer, who
shall give a certificate of satisfactory completion.

14. The works necessary for such private service other than the Private services
connection between the street waterworks pipe and the boundary *» be laid in
of the premises to be supplied, and all future repairs, extensions, with rules.
and alterations of such works, shall in every case be in accordance

with such rules as may be passed from time to time by the Resident.

15. A supply of water for " domestic purposes " shall not include Exceptional use
a supply of water for horses or cattle or for washing vehicles, where of water.
such horses, cattle, or vehicles are kept for sale or hire, or a supply

for any trade, manufacture, or business, or for fountains and
swimming baths, or for any ornamental or mechanical purpose,
or for purposes of irrigation.

16. The water rate made payable by this Enactment shall not be Rates for
assessed or levied on Government property, but — Government

•'■•'- "^ ' buildings.

With the previous sanction of the Resident the Sanitary Board
may collect a special rate from the occupiers of all houses and
buildings the property of Government, and may levy such special
rate pursuant to any rules which the Resident may make from time
to time,

17. It shall be laAvful for the Sanitary Board, with the consent of supply for
the State Engineer, to supply water to companies or persons flctore™^""

for horses or cattle ; ^'^^^' ^^'

for washing vehicles ;

for trades, manufactures, or business ;

for agriculture ;

for horticulture ;

or for any ornamental, mechanical, useful, or scientific purpose, at
such special rates as may be deemed advisable by way of contract,
and to recover all sums due in respect of such contracts, and in case
of non-payment of any sum due in respect thereof it shall be lawful
for the State Engineer to exercise the power conferred on him
by Section 35 in respect of such supply.

18. The Sanitary Board shall supply water for the use of the Supply to
Government gaols, hospitals, railways, factories, or other institu- ing^tutions*
tions on such terms as the Resident may direct.

560

WATERWORKS.

Sanitary ]}oarJ
and State
Engineer not
liable in event
of failure of
supply.

Power of State
Untrincer to lay
pipes anywhere.

Supply and
control of
meters.

Access to
waterworks
pipes and fit-
tinors by officers
of the water-
works.

State Engineer
shall stop
private supply
on non-payment
of rates.

Sanitary Board
may provide
bathing places
and may charge
for use of same.

Sanitary Board
may farm
bathing places.

19. Neither the Sanitary Board nor the State Engineer shall be
liable under any agreement for the su])ply of water or otherwise
to any penalty or damages for not supplying water, or for supply-
ing a reduced quantity of water, if the want of such supply arises
from unusual drought or other unavoidable cause or accident. In
the event of an insufliciency of supply, the supijly to the public
tai)s shall have preference over the supjjly to private services,

20. The State Engineer in laying down any pipes for a water
supply, may, if he considers it necessary, carry any such pipe
through, across, or under any street or any place laid out or
intended for a street, or under any building, or through any cellar
or vault, or into, through, or under any enclosed or other land
whatsoever. The State Engineer shall in every case in which he
deals with private property under this section give reasonable
notice of his intention to do so to the owner or occupier of such
property, and shall, on completion of the work, pay to him reason-
able compensation for so dealing with the property.

21. All meters used shall be the property of the Government and
no meter shall be altered or repaired except under the direction,
or with the consent, of the State Engineer, who shall supply and
keep in repair all meters.

22. It shall be lawful for the State Engineer and the inspectors
and employes on the waterworks staff duly authorized by him, to
enter upon and pass through, in, and out of any house, or building,
or land, into, through, by, along, or under which any waterworks
pipes or connections may pass, or be, to inspect and if need be to
repair, alter, take up, relay, re-arrange, or otherwise deal with
the same as circumstances may require. Provided that the State
Engineer or his subordinate officer or servant shall not enter upon
any house or building as aforesaid which may be occuj^ied at the
time, unless with the consent of the occupier thereof, without pre-
viously giving such occupier two hours' notice of their intention
to do so.

23. If any person, liable as herein provided to pay water rate,
neglects to pay the same at the time appointed for the payment
thereof, the State Engineer shall stop the water from flowing into
the premises in respect of which such rate is payable by cutting
off the service pipe to such premises, or by such other means as
he shall think fit, and the Sanitary Board shall recover the rate
due from such person, with the expenses of cutting off the water
and the costs of recovery, as if it were a rate leviable under " The
Sanitary Boards Enactment, 1907."

24. It shall be lawful for the Sanitary Board to provide bathing
places and washing places to be supplied with water from the
waterworks, and to demand and receive from all persons using any
such bathing place or washing place such sums as may be fixed in
any rule to be made under Section 36 respecting the regulating
of bathing places and washing places.

25. The Sanitary Board may grant a lease of any such bathing
places or washing places for any period not exceeding three years,
at such rent and for such term as it shall think fit.

WATERWORKS. 561

26. Whenever any service pipe, cock, or other apparatus in any Notice of
house, building, or land for the use or supply of water to the prrvate service
occupier of Such house, building, or land shall become obstructed tobecivenby
or in any way damaged, so as to cause a waste of water, such °°'^"'"®''-
occupier shall immediately on the same coming to his knowledge

give notice thereof to the Sanitary Board, and any .such occupier
neglecting to give the said notice shall be liable to a penalty not
exceeding fifty dollars,

27. Whoever shall wilfully or negligently injure any conduit, penalty for
reservoir, cistern, well, pipe, lock, cock, valve, waste-pipe, or '„"i^t^^an^"a° li-
other appliance under the management or control of the State ancesofthe
Engineer, or shall unlawfully flush, drain off, divert, or take water '^**^'^^°''^^-
from any waterworks under the management or control of the

State Engineer, or from any water or streams by which such
waterworks are supplied ; and whoever shall unlawfully pollute
or render impure for drinking purposes any such water, or shall
use, unless by special agreement, the services for other than
domestic purposes : shall for every such offence be liable on
conviction to a penalty not exceeding fifty dollars, and to a further
penalty not exceeding five dollars for each day during which the
offence is continued.

28. Every person, having an agreement with the Sanitary Board Penalty for
for the supply of water, who shall wilfully or negligently misuse or "atesuppUes'
waste, or cause or permit to be misused or wasted, any water
passing through the pipes in or near his premises, shall be liable

on conviction to a penalty not exceeding twentj^-five dollars, and
every such person who, having agreed for a service for domestic
purposes only, shall apply, or cause or permit to be applied, the
water passing through the pipe in or near his premises to purposes
other than domestic purposes, shall be liable on conviction to a
penalty not exceeding one hundred dollars ; and every person
who shall alter, or cause or permit to be altered, any service as
agreed on with the Sanitary Board so as to enable a greater supply
of water to be taken than was agreed for, shall on conviction be
liable to a penalty not exceeding two hundred and fifty dollars ;
and any service so altered may be restored to the proper state by
the State Engineer at the expense of the party convicted, the
expense of the restoration being certified by the engineer in charge
of the work.

29. Every person, having an agreement with the Sanitary Board Penalties for ^
for the supply of water, who shall allow any of such water to be tobT?fmoved
carried outside his premises for purposes other than the use of gup^jijed.""'"'^
his household, or shall allow the use of such water to others than

the members of his household, shall be liable, on conviction, to a
penalty not exceeding fifty dollars for every such offence.

30. Water from the public stand-pipe shall be only used for water from

] ,• 1 \ ^ . , f, ,,^ stand-pipe to

domestic purposes, and any person usmg it tor any other purpose, be used only for
as explained in Sections 15 and 29, shall be liable, on conviction, p°™o^ses.
to a penalty not exceeding fifty dollars.

1—36

562

WATERWORKS.

Sanitary Board
of State
Ensineer may
take civil or
criminal
proocedinsa
against j)crson3
injuring any
waterworlcs.
Tenalty for
improperly
opening or
closing valves,
etc.

Water may be
shut off during
lires.

Proceedings for
breach of this
Enactment to
be taken within
three montlis of
the offence.

Power of State
Engineer to
shut off water
for breach of
Enactment or
rules.

Eules relating
to the supply
and control of
water ; how to
be made.

31. Nothing contained in this Enactment shall be held to prevent

either the Sanitary Board or the State Engineer from proceeding
by civil suit against any person for damages caused to the water-
works, or to prevent any person from being prosecuted ciiininaily
for anything done relating to the waterworks.

32. Every person who opens or keeps open the valve of any
hydrant, stand-pipe, cock, fountain, or other appliance used for the
supply of water to the public, by any means other than the use of
pressure of the hand, and every person who having opened such
valve does not properly close the same, or leaves the same open,
shall, on conviction, be liable to a penalty not exceeding ten
dollars.

33. The State Engineer may, in case of fire, or for the purposes
of necessary repairs or alterations, stop, turn off, or divert in part
or wholly, the water in any pipe or i^ipes, or other waterworks
under his control or management, notwithstanding any agreement
that may have been made with any persons for the supply of
water to them. Provided that, whenever possible, 24 hours' notice
shall be given to the consumers whose supply is about to be cut off.

34. All actions and j)rosecutions which may be lawfully brought
against any person, for anything done or omitted to be done by
such person under this Enactment, shall be commenced within
three months after the offence complained of shall have been
committed and not otherwise.

35. The State Engineer shall have power to shut off the water
from any premises whatever at any time for any contravention of
any of the provisions of this Enactment or of any rules made
hereunder ; provided always that on the day of so shutting off
the water he shall inform the occupier, in writing, of the reason
of the water being so shut off. Neither the Sanitary Board nor
the State Engineer shall be liable for breach of contract on account
of the shutting off of water from any premises.

36. It shall be lawful for the Resident, with the approval of the
Resident-General, to make from time to time such rules as may
appear expedient for any of the following purposes :

(a) For preventing waste, misuse, or undue consumption of the
water supplied for public or private use ;

(6) For directing the use and prescribing the size, nature,
strength and materials and the mode of arrangement,
position, alteration and repair of the pipes, valves, cocks,
cisterns, soil-pans, water-closets, and other apparatus and
receptacles, or any of them, to be used, respectively, for
carrying, delivering, rendering, and storing water ;

places and places for washing animals or clothes ;

(d) For regulating the jsublic supply of water in the public

thoroughfares ;

(e) For regulating the supply of water by private services, and

the appliances and fittings to be used therefor, and the
use of meters when required ;

WATERWORKS.

563

(/) For every other purpose relating to the supply or control of
water from the waterworks as shall be deemed necessary.

Such rules, when published in the Gazette, shall have the force of
law, and the contravention of any of them shall render the offender
liable, on conviction, to a penalty not exceeding fifty dollars for
each offence.

37. Every notice required by this Enactment or by any rule service of
made thereunder to be served on any person sliall be deemed to
have been duly served if served in accordance with the provisions
of Section 42 of 'The Sanitary Boards Enactment, 1907."

The Schedule. 1
REGULATIONS REPEALED.

Number.

Short title.

Extent of repeal.

Sel. : No. 6 of 1896

N.S. : No. 6 of 1908

The Kuala Lumpur Water-
works Regulation, 1896

The Waterworks Enact-
ment, 1908

The whole

1 Omitted in Perak and Pahang.

DANGEROUS TRADES.

I'crak.

Selangor.

NeiTTi Seinbilan.

Palmnj?.

E. 9 of 1909

E. 12 of 1909

B. 11 of 1909

E. 21 of 1909

25.0.1909

5.7.1909

27.7.1909

27.10.1909

11.6.1909

10.7.1909

G. 8. 1909

5.11.1909

Short title and
commence-
ment.

Interpretation.

Sanitary Board
areas.

An Enactment to provide for the supervision and control
of Dangerous Trades and Occupations.

It is liereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Dangerous Trades
Enactment, 1909," and shall come into force upon the publication
thereof in the Gazette.

2. In this Enactment and in any rules made thereunder the
following terms shall, if not inconsistent with the context or subject
matter, have the respective meanings hereby assigned to them :

" Dangerous trade " means any trade or occupation which shall
have been declared dangerous under the j^rovisions of Section 4 ;

" Employer " means any person or any body of persons whether
corporate or unincorporate who or which shall own, finance, super-
intend, manage, or contract to supply labour for any dangerous
trade, and includes in the case of a corporation any director and
in the case of a firm any member thereof ;

" Premises " includes any house or other building and any land
whether oj)en or enclosed and whether built on or not.

3. (i) Nothing in this Enactment shall apply to any area which
is subject to the control of a Sanitary Board in resj^ect of the
matters provided for by " The Sanitary Boards Enactment, 1907 " ;
provided that the Resident may at any time by notification in the
Gazette direct that this Enactment shall apply to any such area,
to be specified in such notification, and upon the publication of
such notification this Enactment shall apply to such area accord-
ingly and shall continue so to apply until the said notification
shall have been rescinded by a subsequent notification issued by
the Resident in that behaK.

(ii) Upon the application of this Enactment to any area by
notification under sub-section (i) then, except as may be otherwise
expressly provided by such notification, all declarations under
Section 4 and rules under Section 5 which shall be in force at the
time of such application shall apply to such area.

(iii) For the purpose of carrying into effect the provisions of
this Enactment within am^ such area as aforesaid it shall be lawful

564

DANGEROUS TRADES. 565

for the Resident, by notification in the Gazette, to delegate to the
Sanitary Board which controls such area all or any of the powers
vested in him by Sections 4, 5, and 9.

4. Whenever it appears to the Resident that any trade or Declaration oi
occupation, either by reason of the conditions under which or the trTcUs?"^
surroundings in which the same is carried on or of the appliances

used, the substances dealt with, the processes employed, the results
obtained or otherwise, is or is likely to be prejudicial or injurious
to the health or safety of any persons or causes or is likely to cause
damage to any property, it shall be lawful for the Resident by
notification in the Gazette to* declare such trade or occupation to
be a dangerous trade or occupation, as the case may be.

5. The Resident may, with the approval of the Resident-General, Euies.
from time to time make rules to control and regulate the conduct

of any dangerous trade, and such rules shall be published in the
Gazette and shall thereupon have the force of law. Such rules may
provide for —

(a) The issue of licenses to carry on any specific description of
dangerous trade, and the inclusion in such licenses of
conditions and limitations prescribing the locality and
extent of the premises wherein such dangerous trade is
to be carried on, the nature of the buildings, fittings, and
appliances to be erected, maintained, or used, the number
and description of the persons to be employed, and the
fees payable in respect of such licenses ;
{b) The construction and maintenance of such guards, venti-
lators, barriers, exits, and other appliances as may be
deemed expedient for the purpose of guarding against
injury or risk of injury to any persons, whether engaged
in or about a dangerous trade or not, or of preventing
damage to any property ;
(c) Prescribing the descrij^tion and material of the clothing,
covering, or appliances to be worn by persons engaged
in or about any dangerous trade, the time, place, and
method of assuming, discarding, and cleansing the same,
and the facilities to be provided for ensuring personal
comfort and cleanliness ;
{(l) Limiting the time during which any person or any class of
persons may be continuously employed in or about any
dangerous trade, and prescribing the interval which is
to elapse between the cessation and resumption of such
employment by any person ;
(e) Prescribing the description and quantity of the drugs,
stimulants, restoratives, disinfectants, and surgical and
medical appliances to be kept on the premises, the place
or places where the same shall be stored, and the manner
in which and the person by whom the same shall be used
or administered ;
(/) Describing the precautions to be observed in the conduct
of any dangerous trade and the measures to be adopted
in case of illness or accident, and prescribing the mode
of notifying such precautions and measures ;

566

DANGEROUS TRADES.

(fj) The appointment of persons to be inspecting officers under
this Enactment, and the inspection by such officers of
places where any dangerous trade is carried on ;

(/<) The furnishing of reports by employers and the inclusion
therein of such returns, statistics, and particulars as may
be prescribed ;

(i) Prescribing penalties for the breach of any rule made under
this section, but so that no such penalty shall exceed the
penalties prescribed by Section G ;

(j) All other matters, whether similar or not to those above-
mentioned, which may appear likely to tend to prevent
injury to health or damage to property from any
dangerous trade.

Penalty. 6. Any employer or other person who shall contravene the

provisions of any rule made under Section 5 shall be guilty of an
offence against this Enactment and shall, if no penalty is otherwise
expressly provided for such offence, be liable upon conviction to
fine not exceeding five hundred dollars and for a second or subse-
quent offence to fine not exceeding one thousand dollars. In the
case of a continuing offence an employer shall be liable to a fine not
exceeding fifty dollars in respect of every day or part of a day
during which such offence shall have continued after notice to
discontinue the same shall have been served on him.

7. Every charge of an offence against this Enactment may be
tried before the Court of a Magistrate of the First Class, which shall
have power to impose any penalty provided by this Enactment.

8. In any case in which an employer shall have been convicted
of an offence against this Enactment it shall be lawful for the Court,
on the application of an inspecting officer, to order that any building
or premises used by such employer for the purposes of a dangerous
trade, or any part of such building or premises, shall be closed for
such period as the Court may think fit, or until the requirements of
the inspecting officer shall have been complied with, and thereupon
any license issued in respect thereof shall be deemed to be suspended,
in whole or in part, as the case may be.

Prosecutions. 9. No prosccution shall be instituted except by an inspecting

officer appointed under this Enactment or by such other officer as
the Resident may appoint in writing in that behalf.

Jurisdlctiou.

Closing of
premises.

DEAINAGE RATE.

rerak. Selangor. Negri Sembilan. Pahang.

E. 13 of 1909 E. 13 of 1909 E 13 of 1909 E. 19 of 1909

31.8.1909 28.8.1909 27.7.1909 22.10.1909

17.9.1909 10.9.1909 6.8.1909 5.11.1909

An Enactment to provide for the imposition of a Rate
in respect of Drainage Works.

It is hereby enacted by His Highness the Sultan in Council as
folloAvs : —

1. This Enactment may be cited as " The Drainage Rate Enact- short title and
ment, 1909," and shall come into force upon the publication thereof ^^™®°'^®'
in the Gazette.

2. In this Enactment and in any rules thereunder, unless the interpretation.
context otherwise requires, " drainage area " means any area

which shall have been, from time to time, declared by the Resident
under the provisions of Section 3 to be a drainage area.

3. It shall be laA\^ul for the Resident, by proclamation for that Declaration of
purpose to be published in the Gazette, to declare any lands, within '^'^^in^se area,
the area affected by any drainage works sanctioned or wholly or in

part carried out by the Government, to be a drainage area. Such
proclamation shall define the boundaries of such drainage area, and
the Resident may, from time to time, in like manner cancel any
such proclamation or extend or otherwise vary the boundaries of
any drainage area or exclude therefrom lands previously included
therein.

4. (i) It shall further be lawful for the Resident, with the approval power to

of the Resident-General, from time to time by proclamation for im^pose drainage

that purpose to be published in the Gazette, to impose upon all or

any land within any drainage area an annual rate, not exceeding

one dollar per acre per annum, to meet the cost of the construction

and maintenance of drains, sluice-gates, and other Avorks constructed

for the improvement of such land, and in like manner to cancel or

vary such annual rate ; provided that no rate shall be imposed

under this section upon any land until the drain or work in respect

of which the same is imposed shall have been completed.

(ii) Any rate imposed under this section may be in addition to
any rate, assessment, or other liability imposed on any land wdthin
a drainage area by the terms of the document of title under which
such land is held.

5. Except as may be otherwise provided by rule under Section 6, Mode of
all amounts which shall have accrued due in respect of any rate ^^'^°^^^-
imposed under this Enactment may be recovered in the manner

567

568 DRAINAGE KATE.

l)r(.vi(U(l ill I'art VI of "The Land Enactinriil, ?'.»():}," for tlic
recovery of rent.
Rules 6. The Resident may from time to time, \\ith tlie a}j]jroval of

the Resident-General, make rules, not inconsistent with this
Enactment, to regulate the manner of determining the rate to be
imposed on any lands under this Enactment and the manner of
collecting amounts accrued due in res])ect of any such rate and
generally for the purpose of carrying into efTect the o})jects of this
Enactment. All such rules shall be published in the Gazette and
shall thereupon have the force of law.

NETHERLANDS INDIAN LABOURERS'
PROTECTION.

Perak. Selangor. Negri Sembilan. Tahang.

E. 19 of 1910 E. 17 of 1909 E. 19 of 1910 E 26 of 1909.

25.9.1909 4.11.1909 1.11.1909 27.10.1909

1.3.1910 1.3.1910 1.3.1910 1.3.1910

as amended by Fed. E. 23 of 1910.

An Enactment to regulate the employment of Nether-
lands Indian Labourers.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

PRELIMINARY.

1. This Enactment may be cited as ' " The Netherlands Indian short title ana
Labourers' Protection Enactment, 1909," and shall come into force ^™™®°'^*"
upon a date to be fixed by the Resident, with the approval of the
Resident-General, by notification in the Gazette.

2. In this Enactment each of the following terms shall have interpretation.
the meaning assigned to it by this section, unless the context
otherwise requires :

" Contract of service " means a contract entered into by the
labourer in Netherlands India or in the Colony in accordance with
the provisions of this Enactment to labour within the State for
any period exceeding one month in any of the kinds of labour
referred to in Section 8.

" Place of employment " means a place where a contract of
service is to be performed or a place where twenty or more labourers
are employed in any of the lands of labour referred to in Section 8.

" Employer " means any person employing labourers on a place
of employment and shall include every person, firm, corporation,
or company who or which enters into a contract of service with
any labourer as next hereinafter described, and the agent or manager
of such person, firm, corporation, or company.

" Labourer " means any native of Netherlands India who is
employed in any of the kinds of labour mentioned in Section 8.

" Contract labourer " means such a labourer serving under a
contract of service.

" Magistrate " means a Magistrate acting in the district where
the matter requiring the cognizance of a Magistrate arises.

" Family " means the wife and children of the contract labourer
who are wholly or partly dependent upon him for their support.

569

570

NETHERLANDS INDIAN LABOURERS PROTECTION.

Appointment
of officers.

Superinten-
dent to iiavo
magisterial
powers.

Officers to
be public
servants.

E. 23 of 1910.

" Medical Officer " means a Medical Officer appointed or acting
under this Enactment.

" Superintendent " means the officer for the time heing performing
the duties of Superintendent of Netherlands Indian Immigrants
under this Enactment, and includes the officers performing the duties
of Assistant Superintendents or J)eputy Superintendents.

" A day's Avork " means either work for a day of nine hours or
an equivalent task as provided by Section 17.

3. It shall be lawful for the Resident-General to appoint an officer
to be styled the Superintendent of Netherlands Indian Immigrants
and such other officers, including Assistant Superintendents or
Deputy Superintendents, with such powers and such places of
residence either in the State or elscAvhere as may be necessary for
carrying into effect the provisions of this Enactment.

4. The Superintendent shall have the powers of a Magistrate of
the First Class so far as may be necessary to enable him to perform
the several duties imposed on him by this Enactment, and shall
have power to hear and determine all charges of offences under this
Enactment committed by labourers thereunder and to impose
all such penalties as are thereby prescribed in respect of such
offences. The jurisdiction hereby conferred may be exercised at
any convenient time and place.

5. For the purpose of this Enactment and of the Penal Code
the Suiserintendent and every Medical or other officer appointed
or acting under this Enactment shall be deemed to be public servants
within the meaning of the Penal Code.

5a. (i) All labourers who have entered into a contract of service
shall, on arrival at the port of disembarkation, be examined by a Govern-
ment Medical Officer.

Any labourer found on such examination to be unfit to travel may
be sent forthivith to a Government hospital and there detained until he
is pronounced by the Medical Officer in charge of such hospital to be
fit to travel or tintil he has been pronounced by such Medical Officer
to be incurable or to be permanently iinfit to labour.

When a labourer so sent to a Government hospital has been found
to be incurable or permanently unfit to labour the Superintendent may
send him back to the place in Netherlands India, where he ivas recruited.

(ii) The fee, if any, for such medical examination of any labourer
and all expenses of the maintenance and treatment in hospital of any
labourer sent to a Government hospital under this section and all
expenses of sending back any labourer foujid incurable or permanently
unfit to labour to the place where he was recruited may be recovered
by the Superintendent from the employer with whom he has entered
into a contract of service or from the agent by whom he was imported.

(iii) The Resident may from time to time, with the approval of the
Resident-General, make rules for the examination of labourers under
this section and prescribe the fees to be charged for such examination
and for the maintenance and treatment of labourers in a Government
hospital.

NETHERLANDS INDIAN LABOURERS^ PROTECTION. 571

CONTRACTS OF LABOURERS.

6. Any labourer of the ago of fifteen years or upwards may enter Labourer of
into a contract under this Enactment and may sue and be sued contract '"^'''
thereon as though he were of full age.

7. (i) No engagement by a labourer to labour on a place of Engagements
employment for a period exceeding one calendar month shall be exceeding^
valid unless made in writing. one month

° to be in writing.

(ii) A parol agreement entered into by a labourer for the per-
formance of labour on a place of employment shall, in the absence
of any special arrangement to the contrary, be deemed to be an
agreement for one month.

(iii) Every such labourer who shall have performed one month's
labour under such an agreement shall be held to have completed
the same, provided that it shall have been duly determined under
the next sub-section, notwithstanding any debt which may be
due from him to any person.

(iv) Every such agreement shall be renewable from month to
month and shall be deemed to be so renewed unless a month's notice,
verbal or written, shall be given by either party thereto to deter-
mine the said agreement at the expiration of one month from the
date of such notice.

(v) Every labourer under a parol agreement shall be entitled to
determine such agreement without notice whenever Avages for more
than one month shall be due to him, notwithstanding any set-off
claimed by his employer.

(vi) Every such parol agreement is subject to " The Labour
Enactment, 1904, No. 1 (General)." i

8. Every contract of service made or entered into after the com- contracts of
mencement of this Enactment by a labourer to labour at any of ^errice.
the following kinds of labour, that is to say —

Agriculture, including the treatment of produce ;

The making and upkeep of roads ;

The construction and maintenance of canals ;

Railway construction, maintenance, and working ;

The construction, maintenance, and working of all Avorks of a
public nature or for the public good ;

Quarrying and stone-breaking ;

Brick-making ;

Mining and work on mines ;

shall be void and of no effect unless it is made under this Enactment.

9. Every contract of service shall be in writing or in print or Form and
partly in writing and partly in print and substantially in accordance
with such form as may from time to time be prescribed by the
Resident-General and published in the Gazette. No contract of
service shall be for a longer period than 900 days' work, and every

1 Pahang, 1901.

contents of
contract.

572

NETHERLANDS INDIAN LABOURERS PROTECTION.

rrovision
rpfrarditiK
period of
illucss.

Limit ol
period of

contract.

Mode of
execution of
contracts of
service.

Entry of
terms of
contract in
register.

Employer to
provide worlj
for labourer.

contract shall jjrovidc for the payment of a daily wage to be agreed
upon and also for the supply of rations.

Provided that if a labourer is com})elle(l to al)sent himself from
work on account of illness not caused by his o\\ n misconduct during
the e()ntiiuianc(^ of the contract, he shall 1)(^ entitled to count as
working days any number of days during which he has so absented
himself not exceeding a number bearing to the number of days
for M Inch he has contracted to labour the proportion of one to ten
and shall receive half wages and the full rations to which he is
entilk^d under the contract for such proportion of days.

Provided also that in no case shall a contract of service remain in
force or a labourer be compelled to remain on a place of employ-
ment for a longer period than —

(a) two years where the contract was for not more than 300

days' work ;
(h) three years where the contract A\as for over 300 and not

more than 600 days' work ; or
(c) four years where the contract for was over 600 days' work.

10. (i) Every contract of service entered into by a labourer in
Netherlands India shall be executed by the labourer before an official
of the Government of Netherlands India and by the employer, or
his agent authorized in writing, before such an official or the Super-
intendent ; and every contract of service entered into by a labourer
in the Colony shall be executed both by the labourer and by the
employer, or his agent authorized in writing, before the Super-
intendent.

(ii) A duly executed duplicate of the contract shall be delivered
to the labourer by the employer.

(iii) Every contract of service executed before an official of the
Government of Netherlands India shall be exhibited to the Super-
intendent within fourteen days from the date on which the labourer
arrived in the State and shall be initialled by the Superintendent.
If the employer shall fail to comply with this sub-section, he shall
be liable to a fine not exceeding one hundred dollars.

11. An entry of the terms of the contract of service shall be made
in a register to be kejjt in the office of the Superintendent and shall
be initialled as correct by him, and such entry and contract Avhen
initialled by the Superintendent shall be evidence that the labourer
named therein executed such contract of service, and any extract
from the register certified as correct by the Superintendent shall be
admissible as evidence of the terms of the contract.

12. The employer shall be bound to provide regular work for the
labourer at the wages stipulated in the contract throughout the period
during which the contract is in force, and if he shall fail to do so
he shall pay wages and provide rations for each day for which he
fails to provide work.

NETHERLANDS INDIAN LABOURERS' PROTECTION. 573

ADVANCES.

13. (i) No money shall be recovered from a contract labourer by Payments by
his employer or deducted from his wages except

(a) the amount of advance specified in the contract ;

(h) any money which the employer is entitled to deduct under
the second proviso to Section 27 (ii) ;

(ii) The amount of advance specified in the contract shall by the
contract be made repayable by equal instalments of an amount
(which shall not exceed $2) every 30 days ; and if by the time the
labourer shall by the contract have been bound to repay one-half
of the amount of such advance he shall not have absented himself
from work except on days which he is entitled to count as working
days under the first proviso to Section 9 or on the days on which
under the contract the labourer need not work unless he wishes
to do so, one -half of the amount of the advance shall be remitted
and he shall be deemed to have repaid the same,

(iii) Nothing in the last sub-section shall be held to remit any
moneys which the employer is entitled to deduct under the second
proviso to Section 27 (ii) or which are deemed to be an advance under
Section 49.

(iv) When the labourer shall have completed the full number of
days' work for which he contracted to serve or shall have remained
on the place of employment for the period beyond which he cannot
be compelled to remain under the second proviso to Section 9, all
moneys which might be recovered or deducted under sub-section
(i) shall be remitted and he shall be deemed to have repaid the same.

14. Every employer shall be bound, within a reasonable time after Employer to
request by a labourer, to furnish him with an account showing furnish account

1 •!• 11 1 »®to labourer.

what moneys (ii any) are due by such labourer to the employer for
advances.

15. In cases where the whole or any part of the advances men- Advances to be
tioned in a contract of service entered into by a labourer in Nether- suifednt°en'-
lands India are paid in the State they shall be paid in the presence dent.

of the Superintendent, who shall send a quarterly return, in the Form
A in the schedule, of all advances so paid to the Consular or other
accredited representative of the Netherlands Government in the
Colony for the information of the authorities in Netherlands India
in whose presence the contracts were executed.

CONDITIONS OF LABOUR.

16. (i) No labourer shall be bound to work more than nine hours Days and hours
a day of actual labour or more than six consecutive hours or on of labour.
more than six days in one week.

(ii) If a labourer works for and at the request of his employer
more than nine hours in any one day, he shall be paid for each hour
of overtime-work so done at the rate of 50 per cent, more than the
rate per hour would be if reckoned upon the wage per day fixed by
his contract.

574

NETHERLANDS INDIAN LABOURERS PROTECTION.

Illustration,

The wages of A are thirty cents a day. A works ten hours a day at the
request of his oniiiloyer. A is entitled to be paid five cents for tlie tentli hour
of labour.

Tusk work.

Piecework.

17. (i) It shall be lawful for the employer at his option to assign
tasks to be performed by eontract labourers as equivalent to work
for a day of nine hours. Such assignment of tasks shall be su])ject
to revision by the Su])erint('ndent, who may fix the number of
days' work to be accredited to the labourers who have performed
such tasks. A schedule of such tasks as revised by the Suj)erin-
tendent shall be written in English and, if required by the Superin-
tendent, in Javanese or Sundanese and signed by him, and copit^s
thereof shall be kej^t posted up in conspicuous places in or about
the jilace of employment and in the cooly lines, so that the same
may be made known to the labourers employed in such place.

(ii) Nothing in this Enactment contained shall prevent any
employer from agreeing with any contract labourer in his employ
that the wages of such labourer shall be paid at an agreed rate in
accordance with the amount of work done and not by the day,
provided always that the prices paid for such work shall be subject
to revision by the Superintendent.

■Determination
of contract.

Redemption of
contract.

DETERMINATION OF CONTRACT.

18. Any contract of service may be determined before the
expiration of the period mentioned therein

(a) by the mutual consent of the parties with the approval of
the Superintendent, but such determination shall not
operate to relieve the employer from any liability under
the contract for the space of three calendar months from
the date of determination of the contract. Every such
consent and approval shall be endorsed on the contract
by the person giving such consent or approval ;

(h) by the Superintendent, on proof that either party has failed
to carry out any material obligation imposed upon him
either by his contract or by this Enactment, or upon
proof that the labourer has become permanently in-
capacitated from fulfilling his contract or has been grossly
neglected or ill-used by his employer.

19. (i) If a labourer whose contract is for a definite term shall be
able and desirous to redeem the unexpired portion of such contract,
such labourer may request his employer to take him or allow him
to go before the Superintendent, who, upon receiving from such
labourer a sum equal to the value of the unexpired portion of his
contract together with any sum which may have been expended
by his employer in respect of passage money for him and any adult
dependent upon him and cash advances paid to such labourer, shall
forthwith give notice of such receipt to the employer of such labourer,
and, unless such employer shall within one week from the date of
such notice satisfy the Superintendent that there is some sufficient
reason why such labourer should not be allowed to redeem such

NETHERLANDS INDIAN LABOURERS' PROTECTION. 575

portion as aforesaid, the contract shall determine as from the date
of such receipt. The Superintendent shall endorse a memorandum
of such determination on the contract, which shall be given up to
him for that purpose, and shall pay the amount so received by him
as aforesaid to the employer.

(ii) The value of the unexpired portion of a contract under this vaiueof
Enactment shall be calculated in the following manner : unexpired term.

The number of days' work which a labourer has done will be
deducted from the number of days' work which are required by the
contract, and the remainder shall be deemed to be the unexpired
portion of the contract and shall be valued at such rate as shall
from time to time be fixed by the Resident-General by notification
in the Gazette.

Provided that whenever it appears to the Superintendent that
any female labourer tendering the required sum in redemption
of the unexpired portion of her contract is in the custody or control
of any other person he may refuse to accept such sum or to permit
such unexpired portion to be redeemed unless and until the person
in whose custody or control such female labourer appears to be
has given reasonable security to the satisfaction of the Superinten-
dent that such female labourer shall not leave the State without
the consent in writing of the Superintendent and shall not be
disposed of as a prostitute or for immoral purposes and that she
shall be produced before the Superintendent whenever he so requires.

20. (i) In case a labourer is entitled by his contract of service to Return passage
a return passage for himself and his family, the labourer with his ami families!
family shall be properly fed, housed, and medically treated at the

expense of his former employer after the expiry of his contract of
service while they are awaiting a steamer on which such return
passage may be taken.

(ii) In the event of the labourer dying before the expiration of
the contract of ser\ace or Avhile awaiting a steamer on which his
return passage may be taken, his family shall retain their right to
a return passage if such return passage shall have been promised
in the contract of the labourer.

21. (i) On the termination of the contract of service the labourer Termination
shall within seven days be brought by his employer before the °^ *^o°*^'"^°*-
Superintendent, who shall satisfy himself that the conditions of

the contract as regards payment of wages have been duly carried
out.

(ii) The Superintendent shall, on the labourer being brought certificate of
before him in the maimer above stated, forthwith deliver to the '''^'^''""''•
labourer a certificate, in the Form B in the schedule, to the effect
that the contract has been terminated and that he has accordingly
been discharged.

Provided that nothing in this section shall be deemed to prevent
such labourer from entering into a fresh contract of service under
the provisions of this Enactment.

576

NETHERLANDS INDIAN LABOURERS PROTECTION.

Lists of days
work done.

DUTIES OF EMPLOYER.

Employer to 22. As sooii jis niiiv bo after the arrival in the State of any labourer

notify arrivui of })Qm^(i by a contract of service from Netherlands India or from the
Colony the employer shall give notice thereof to the Superintendent,
supplying him at the same time with particulars of the number of
labourers who have arrived, their names, sex, age, place of origin, and
the place of employment where they are to be employed.

23. (i) Every employer of contract labourers under this Enact-
ment shall keep a register, in the Form C in the schedule, of all such
labourers employed on the place of employment.

(ii) The employer shall within the first day of each week post up
and keep posted up for at least twenty-four hours in the manner
provided in Section 17 a list in English and, if required by the
Superintendent, in Javanese or Sundanese of the number of days'
work which have been performed by each contract labourer on the
place of employment in the preceding month, together with the total
number of days' work which have been performed by such labourer
under his contract up to date. An employer neglecting to comply
with the provisions of this sub-section shall be liable to a fine not
exceeding twenty-five dollars.

24. Every employer shall furnish monthly to the superintendent
within the first fourteen days of the month a return giving the
particulars of every death, desertion, or termination of contract of
service of a labourer which has occurred on his place of employment
during the previous month, and the Superintendent shall enter these
particulars in his register.

25. (i) Particulars concerning labourers who have entered into
contracts in Netherlands India or in the Colony to perform labour in
the State prior to the commencement of this Enactment shall be sent
by their employers to the Superintendent as far as may be in accord-
ance with the provisions of the two last preceding sections, and the
Superintendent shall record such particulars in his register and
safeguard the interests of such labourers in the manner 2)rovided in
the case of labourers under this Enactment.

(ii) If any employer shall omit duly to send in any such return as
by this section or by Section 22, 23, or 24 is required, or shall send in
an incorrect return, he shall be liable to a fine not exceeding one
hundred dollars for every such case of omission or error.

26. The provisions of Part VII of " The Indian Immigration
Enactment, 1904," relating to localities unfit for residence and
employment of statute immigrants, shall be as near as may be applic-
able to places of employment where labourers are employed.

27. (i) The employer shall provide every labourer in his employ
and his family with —

{a) sufficient and proper house accommodation ;

{})) a sufficient supply of wholesome water ;

(d) hospital accommodation ;

Return of
deaths, deser-
tions, etc.

Particulars
under prior
contracts to
be furnished
to Superin-
tendent.

Penalty,

Places unfit
for residence.

Provision to
be made by
employer.

NETHERLANDS INDIAN LABOURERS ' PROTECTION. 577

(e) medical attendance ;

(/) a sufficient quantity of niodicines of good quality.

E. 23 of 1010.

(ii) The employer shall, when a labourer is serving under a
contract of service or when it is a term of the parol agreement that
rations siiall be supplied, provide the labour(>r and his family with
rations as described in the contract of service or as agreed ujion
between the parties.

Provided that the Superintendent shall have power in his dis-
cretion to grant exemption from the sujiply of rations and to order
in lieu thereof the daily payment to any labourer of ten cents in cash.

Provided also that ten cents in cash may be deducted from the
wages due to a labourer in respect of each day other than (i) a day on
which he works, (ii) a day which he is entitled to count as a working
day under the first proviso to Section 9, or (iii) a day on which under
the contract a labourer need not work unless he mshes to do so.

28. The provisions of " The Estate Labourers {Protection of Health) E:^tateLa-
Enactment, 1910," shall, as near as may he, apply to all places of e°"o7m)io
employmcJit on icfiich any labourer is employed and every employer applicable.
of labourers shall be deemed an employer for the purposes of that ^-ssofioio.
Enactment.

30. Any labourer who is declared by a Medical Officer to be Temporary
incapacitated from work by sickness, pregnancy, or other sufficient '"Capacity.
cause shall be entitled to be received into and kept in hospital, where

he or she shall be fed and clothed at the expense of the employer
during such incapacity, but shall not under any contract of service
be entitled to any wages for such period except for such number
of days as are counted as working days under the first proviso to
section 9.

INSPECTIONS AND REPORTS.

31. The Superintendent accompanied by a Medical Officer, unless inspection by
he be himself a Medical Officer, may whenever he thinks fit visit all and MSr"*
places of employment and enquire into the condition of the labourers officer.
employed thereon and ascertain whether the conditions of their
contracts of service are being strictly adhered to and investigate the

books of accounts of wages.

For such purpose the Superintendent may require the employer to
produce before him all or any of the labourers, together with all
contracts of service and books of accounts of wages written in
English, and to answer such questions relating thereto as the
Superintendent may think proper to ask.

32. Such person or persons as the Resident shall from time to time inspection by
authorize for the purpose may examine and report on the condition ^,^[ho"?2ed by
of labourers under this Enactment and may exercise the powers of liesident.
entry and inspection which are conferred on the Superintendent by

the last preceding section, provided that written notice of at least
three days be previously given to the Superintendent.

I 37

578

NETHERLANDS INDIAN LABOURERS PROTECTION.

Yearly reports
by Superinten-
dent.

Neglect to
labour.

Refusal to
proceed to
place of
employment.

Disobedience
of orders and
refusal to
work.

Absence durin;^
working hours.

No wages for
dajs of absence,

33. The Supcriiitendent sliall at least once in each year send to
the Resident a report on the conditions prevailing on every place of
employment. Every such report shall at all reasonable times be
open to the inspection of the particular emplo^'cr to whose place of
em])loymeiit it relati^s or of any person by him appointed in writing
in that behalf and the representative of the Netherlands (Jrjvcrnment
in theColoriy, and the person so inspecting shall be entitled to take
a copy thereof.

OFFENCES COMMITTED BY LABOURERS.

34. Any contract labourer who shall without any reasonable excuse
neglect or refuse to do as re(] uired by his employer twenty days' work
in any one calendar month, sucli work being reasonable and proper,
shall be liable to imprisonment of either description for a term not
exceeding seven days.

35. Any labourer who has executed a contract of service and who
neglects or refuses to proceed to the district where his contract is to
be performed and thence to proceed to the place of employment to
which he is directed to proceed by his employer or his agent, and any
labourer who has executed in Netherlands India before an official of
the Government of that country, or in the Colony before the Superin-
tendent a contract to labour within any other of the Federated Malay
States for a period exceeding one month in any of the kinds of labour
referred to in Section 8 and who neglects or refuses to proceed to
the State where his contract is to be performed, and any person
abetting within the meaning of the Penal Code any such refusal or
neglect as aforesaid, shall be liable to a fine not exceeding seventy-
five dollars or to imprisonment of either description for a term not
exceeding three months. Provided that if the labourer shall pay to
the Superintendent the sum of fifty dollars or such sum as the
Resident-General shall from time to time fix by notification in the
Gazette, he shall not be liable to be prosecuted under this section.

All fines and sums of money payable under this section shall be
paid to the employer.

36. Any labourer who without reasonable excuse disobeys any
lawful order given by his employer or wilfully and knowingly omits
to do any duty necessary to be done by him for the management,
discif>line, and good order of the place of emplo3^ment shall be liable
to a fine not exceeding fifty cents, and for a second or subsequent
offence shall also be liable to imprisonment of either description for a
term not exceeding fourteen days.

37. Any contract labourer who without reasonable excuse is
absent from the place of employment during working hours shall be
liable to a fine not exceeding fifty cents.

38. In cases of neglect to labour and unlawful absence no day on
or during which such neglect or absence takes place shall be reckoned
as a day on which a day's work has been performed and no wages
shall be payable in respect of such day.

39. (i) Every contract labourer who deserts, or attempts to
desert, from his employer s service shall be liable to imprisonment
of either description for a term not exceeding one month ; and

NETHERLANDS INDIAN LABOURERS' PROTECTION. 579

every contract labourer wfio after having been convicted of desertion
shall again desert, or attempt to desert, from his employer's service
shall be liable to imprisonment of either description for a term not
exceeding two months ; and every contract labourer who after
having been twice convicted of an offence under this section shall
again commit an offence under this section shall be liable to imprison-
ment of either description for a term not exceeding three months.

(ii) The Superintendent or Magistrate by whom any contract raymentto
labourer is convicted of desertion may, in addition to any imprison- T)" 'ilTosUn"/ '°^'
ment which he may imj^ose, order the labourer to pay to his employer 'abourer. '
such reasonable sum, not exceeding five dollars, as may be proved to
the satisfaction of such Superintendent or Magistrate to have been
expended by the employer in effecting the labourer's arrest.

(iii) A contract labourer deserts from his employer's service when
he is continuously absent from his employer's place of employment
for more than twenty-four hours, exclusive of any Sunday or
authorized holiday, without leave from his employer or without
reasonable excuse, or when he is absent from the place of employ-
ment under such circumstances as shew that he does not intend to
return to perform his contract.

(iv) A contract labourer shall be deemed to attempt to desert
from his employer's service if he is found either on or off the place of
employment under circumstances from which it may be reasonably
inferred that he intends to desert.

40. Ill-treatment of a labourer by his employer or the neglect Reasonable
of the employer to fulfil any condition of the contract of service may "'^"^^'
be deemed a reasonable excuse under the last preceding section.

41. If any contract labourer deserts, or attempts to desert, from Arrest of
his employer's service, or is unlawfully absent from the place of absentees.''"'^
employment, or leaves, or attempts to leave, a hospital in which he

has been ordered to remain for medical treatment under Section 29
without leave from the officer in charge of such hospital, his employer
or any other person acting in his behalf or any officer of the depart-
ment of the Superintendent may without warrant and without
assistance of any Police Officer (who, nevertheless, shall be bound to
give such assistance if called upon to do so) apprehend such labourer
wherever he may be found and take him back to the place of employ-
ment or to the hospital or to a Police Station at once. Provided that
if such labourer be found in the service of another employer he shall
not be arrested without a warrant.

42. Any employer or other person as aforesaid apprehending any charge.
such deserter or absentee shall with the least practicable delay prefer

a charge against him under the provisions of Section 39 at the nearest
Police Station and shall also enter the charge in a book to be kept for
that purpose on the place of employment for the inspection of the
Superintendent, to whom on his next visit to the place of employ-
ment the entrj^ shall be shewn by the employer and who shall initial
the same. Any labourer so charged may be conveyed before a
Magistrate who shall adjudicate upon such charge. Provided that
the employer may, instead of proceeding before a Magistrate, release
the accused and withdraw the charge, in which case it shall not be
necessary for the accused to be taken before a Magistrate.

580

NETHERLANDS INDIAN LABOURERS TROTECTION.

Ijaliourcr dis-
atiliiig liimscir.

Labourer
scllint,' fooil.

Disobedienoc
to sanitary
reL'uIatioiia.

Plare of em-
ployment
deemed a
public place.

Release of
imprisoiiOil
labourer on
application of
employer.

Conviction to
be endorsed on
contract.

Payments
under i^ection 39
or 59 deemeil
advances.

Disposal of
labourer after
release.

43. -Vuy coutracL labouivr \\ ho \\ill'ully iulliets uii hiinsolf any
injury or wilfully docs any act by which ho may be made unable to
work, and any person abetting within the meaning of tlie Penal Code
the intliction of such injury or the doing of such act, the injury or act
being of such a character as to ])revent the labourer from labouring
according to the terms (jf iiis contract, shall be lial)le to im[)ris()imient
of either description for a term not exceeding one month.

44. Any labourer who Mithout the consent of his employer sells,
l)arters, or disposes of ff)r i)r()fit an}' ration, cooked or uncooked,
provid(Ml by his em])loyer under the ])rovisions of this Enactment
shall be liable to imprisonment of either dcscrii)tion for a term not
exceeding seven days ; and any person w ho witli(nit such consent as
aforesaid knowingly buys, takes in exchange, or (otherwise receives
any such ration shall be liable to a fine not exceeding twenty-five
dollars or to imprisonment of citlier descri])tion for a term not
exceeding one month.

45. Any labourer guilty of wilfully disregarding any sanitary
regulation Avhich has been approved by the Su]:>erintendent and
pidilicly notified for observance on the place of emjiloyment on which
such labourer is employed shall be liable to a fine not exceeding five
dollars or to imprisonment of either descrij^tion for a term not
exceeding fourteen days.

46. For the purposes of Section 35 of the " Small Offences Enact-
ment, 1898," a place of employment shall be deemed to be a public
place,

47. On the application of the employer, or of any person author-
ized to act for the employer, of any contract labourer imprisoned for
any offence under this Enactment, a Magistrate may at any time
previous to the expiration of such imprisonment^ if he see good cause,
order such labourer to be released and given up to his employer, and
in that case the Magistrate shall endorse on the contract a memor-
andum signed by him of such order and send a copy thereof to the
Superintendent.

48. Whenever a contract labourer is convicted of any offence,
the Superintendent or Court before whom such conviction is had
shall endorse on the contract a memorandum of the conviction and
shall send to the Superintendent a copy thereof.

49. When a contract labourer is ordered to pay to his employer
any moneys under the provisions of Section 39 or 59, the Court
making such order shall endorse on the contract of service the
amount so to be paid and such amount shall be deemed to be
advances made by the employer to the labourer and the provisions
of this Enactment in respect of advances shall be applicable thereto.

50. On the expiration of any imprisonment to which a contract
labourer is sentenced it shall be the duty of the officer in charge of
the Prison to make such labourer over to any person appointed by
his employer to receive charge of him or, at the expense of the
employer, to return him to the place of employment under charge
of the Police.

NETHERLANDS INDIAN LABOURERS' PROTECTION. 581

OFFENCES AGAINST LABOURERS.

51. Any person separating, or abetting within the meaning of penalty fo
the Penal Code the separation of, a labourer from his wife or from i^'^^^l^^
his children under the age of fifteen years without in either of the
above cases his consent and the consent of his \\ ife shall be lial)le

to a fine not exceeding one hundred dollars, and any contract of
service involving such separation shall be void, and such wife or
children shall be forthwith restored to the labourer by the Super-
intendent.

52. Any employer omitting to comply with the provisions of lenaityfor
Section 20 shall be liable to a fine not exceeding twenty dollars in eompTy*°ith
respect of every labourer and every member of the family of such section 20.
labourer in respect of whom such omission has taken place.

53. Any employer who shall cause or knowingly permit any pcnaityfor
contract labourer to reside or labour upon any place of employment };f,X'e^;"^o
or portion thereof declared to be unfit for the residence or employ- [j'=^'^®j|^^
ment of labourers under the provisions of Section 26 shall be liable locality.
to a fine not exceeding five hundred dollars or to imprisonment of
either description for a term not exceeding six months.

54. Any employer who omits to comply with the provisions of Penalty for
Section 27 or with such request as is mentioned or referred to in colnpiy with
Sections 31 and 32 or whose accounts of wages are found to be in- gf andV2!'
correct or deficient shall, in absence of proof that such omission,

error, or deficiency is accidental, be liable to a fine not exceeding
two hundred and fifty dollars and to an additional fine not exceeding
fift}^ dollars for each day during which such omission, error, or
deficiency is continued.

55. (i) Any person who alone or in combination with others renaityfor
hinders or molests by word, gesture, or act any contract labourer labourcrf
in the performance of his contract of service shall be liable to a

fine not exceeding two hundred dollars or to imprisonment of either
description for a term not exceeding six months.

(ii) Any person who shall entice or attempt to entice any con- renaityfor
tract labourer from his service or emj^lo^anent, or who shall employ huiourlr from
any contract labourer kno^ving that such labourer has been enticed service.
aM'ay from the service of his employer, or who shall knowingly
harbour or conceal any labourer who shall have absented himself
without leave from the service of his emploj^er, shall be liable to a
fine not exceeding one hundred dollars or to imprisonment of either
description for a term not exceeding three months in respect of
every such labourer, and in addition shall be required to pay to
the employer of such labourer the sum of one dollar for each day
during which the labourer was emploj^ed or harboured by him. *

(iii) Any person in whose service any such labourer is found Presumption
shall, until the contrary be proved, be presumed to have been
cognizant of the fact that such labourer was bound by the provisions
of a contract of service.

582

NETHERLANDS INDIAN LABOURERS PROTECTION.

Employer to
rIvc iiotiii' to
Siilierinteiiilciil
if a InhoiirtT
wlslu>s to
coniiilaiii.

COMPLAINTS BY LABOURERS.

56. If any labourer states to his eiii})loyer or to any person
aetin}^ for such employer in the conduct of the business of the
place of employment that he desires to make a complaint to the
Superintendent of personal ill-usage or l)reach of any j)rovision of
this Enactment on the part of such employer or any other ])erson,
the employer or person to whom such statement is made shall
within forty-eight hours send notice thereof in writing to the
Superintendent, and in default of so doing such employer or person
shall be liable to a fine not exceeding one hundred dollars.

Action by
Siiporiiiteiicloiit
on rercipt of
notice.

E. '.'.■! of I'.i 10.

Suinnioiiiiif^
witnesses.

If coraplaiiit is
untrue or
frivolous.

If complaint is
well founded.

Cancellation of
contract by
Superintendent
for default by
employer.

PROCEDURE BY SUPERINTENDENT.

57. Whenever the Superintendent receives such notice in writing
as last aforesaid, or whenever any complaint of personal ill-usage
or breach of any provision of this Enactment is made to him by
any labourer against his employer or any person acting for such
employer, or when the Superintendent has other reasonable grounds
for believing that any personal ill-usage or breach of any provision
of this Enactment has been suffered by a labourer, he shall, so
soon as conveniently may be, proceed to the place of employment
and make full enquiry into the matter, and may forthwith remove
or cansc to he removed snch labourer from the place of employment,
and if such lahonrer is a contract labourer may at his discretion cause
him to he detained, if necessary, 'until the conclusion of such enquiry,
at the nearest police station or at any other place that may appear to
the Superintendent suitable for the purpose.

58. (i) For the purpose of such enquiry the Superintendent may
summon before him such labourer and any witnesses.

(ii) Any person who in any way wilfully obstructs the service of
or obedience to such summons, and any person summoned who
neglects to attend as required in such summons, and any person
who commits in respect of any such complaint or enquiry any
offence described in Chapter X of the Penal Code, shall be punished
as provided in Chapter X of the Penal Code.

59. If upon any such enquiry made on the complaint of a labourer
the Superintendent is of opinion that the complaint is untrue or
frivolous, he shall enter in his book the particulars of such com-
plaint and a short statement of the grounds of his opinion respecting
it, and in such case he may impose on the complainant a fine not
exceeding fifty cents which may be deducted from the complainant's
wages and retained by his employer.

60. If upon enquiry as aforesaid the Superintendent is of opinion
that the complaint is well founded, he shall institute such pro-
ceedings civil or criminal, for and in the name of the labourer as he
shall deem necessary under the circumstances.

61. In the case of neglect on the part of the employer to comply
Avith any of the conditions of a contract of service the Superinten-
dent may, in addition to any penalty which may have been incurred
thereby, cancel the contract, in which case the employer shall forfeit
his right to the recovery of any advances which may remain unpaid.

NETHERLANDS INDIAN LABOURERS' PROTECTION. 583

In the event of the contract being so cancelled the Superintendent
may order the employer to pay to the labourer compensation not
exceeding fifteen dollars, and the labourer shall retain the right
to any return passage for himself and his family to which he may
be entitled under the contract, and he and his family shall be
maintained by the employer until such return passage has been
provided.

62. No Court fees shall be chargeable in the first instance on any costs of pro-
proceeding commenced by a labourer, or by the Superintendent on ceedmgs.
his behalf, against his employer under this Enactment, but, in

case a conviction shall be had or judgment given against the
employer, such fees shall be paid by the employer, together with
the general costs of the proceeding.

MISCELLANEOUS.

63. The notices required by "The Births and Deaths Registra- Notices of births
tion Enactment, 1901," ^ or any other Enactment passed in that r^eg'iltlltion.'°'
behalf, of deaths of labourers and births of children of labourers

shall, in the case of deaths, be given by the person in whose service
the labourer may have been at the time of his death or in whose
premises he may have died or by the person in charge for the time
being of such premises and, in the case of births, by the person in
whose employment the mother may have been at the time of the
birth or by the person in charge for the time being of the house or
place in which the bkth occurred, and copies of such notices shall
be given by the employer to the Superintendent.

64. All convictions and penalties for offences under this Enact- jurisdiction.
ment may be had and recovered before a Magistrate on complaint

by any person aggrieved or by the Superintendent or any person
authorized by him in that behalf.

65. The Superintendent shall have the right to appear and be superintendent
heard before any Court in any proceeding under this Enactment, ^^^ appear.

66. The Resident may, with the approval of the Resident-General, Rules.
from time to time make rules providing generally for carrying into
effect the provisions of this Enactment ; all such rules shall be
published in the Gazette.

67. Any person who acts in contravention of any rule made and Penalty for
published under the last preceding section shall be guilty of an or d[ Enactment
offence and shall be liable to a fine not exceeding one hundred eeQeraiiy.
dollars or to imprisonment for a term not exceeding six months ;

and any person who is guilty of any breach of any of the provisions
of this Enactment for which no penalty is otherwise expressly
provided shall be liable to a fine not exceeding one hundred dollars
or to imprisonment for a term not exceeding three months.

68. Nothing in this Enactment contained shall affect the validity Existing:
of any written contract subsisting at the commencement thereof, unaffected.

69. Nothing in " The Labour Enactment, 1904, No. 1 (General), "^ Generaiiabour
shall operate to invalidate or interfere with the provisions of this
Enactment.

1 Substitute in Pahang, " Registration of Births atid Deaths and Notifica-
tion of Sickness Enactment, 1896."

2 Pahang, 1901.

584 NF,THERLANDS INDIAN LABOURERS' PROTECTION.

Tilli 8cirEDULE,

Form .1. (Section 15.)

QUARTKIILY IIKTIIIIN OK ADVANCES PAID IN THE
8TATK TO NETHIOKLANDS INDIAN IMMIGRANTS.

A separate return to be made for each place in Netherlands India,
where contracts were signed.

O 03

f3 a

.2 ^

O u

£ S

Remarks.

The undersigned declares the above to be a true and complete
return of all advances paid to Netherlands Indian labourers under
contracts entered into in Netherlands India who arrived in the

State during the quarter ended
Date

19 from

Swperiniendent of Netherlands Indian Immigrants

NETllEKLANDS INDIAN LABOURERS PROTECTION.

585

Form B. (Section 21.)

I hereby certify that the Netherhmds Indian labourer hereinafter
mentioned has this day been discharged in my presence by

bis

him

her t'Juployer and that the balance of wages due to ^g^, amounting
, has been paid, (and further that return tickets have

his

to S

been handed in my presence to the labourer and to ^ family).
Date

Superintendent of Netherlands Indian Immigrants.

* These words may be omitted in cases where a labourer has elected to
enter into a fresh contract of service with his late employer.

to to

aj O
2h O

Remarks.

To be signed by the Consular Representative of the Netherlands
Gov^ernment at the place of departure, so that the certificate may
be used as a pass.

586

NETHERLANDS INDIAN LABOURERS PROTECTION.

w -^

Remarks.

•(^OBJ^UOO JO

joquinu puB 'aoBid 'a-tBa

•^uapuG'^UTjedng
iCq idoj} eq O"^ Jjooq

•^UlUlduiOO 0% 90U9J0J9J
•■^UlOlduiOO JO GS'BO UJ

•U0tf^J9S9p JO e^JBQ

•

•ginc^jBdep jo QXi\\%
aq') -JB y^iuuBj JO jgqum^

•(^OBI^UOO

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aaqran^

PART II.

LAWS WHICH APPLY TO PERAK ONLY
UNREPEALED ON 31ST DECEMBER, 1920.

587

PART II.

CHRONOLOGICAL INDEX OF LAWS WHICH APPLY TO PERAK
ONLY UNREPEALED ON 3LST DECEMBER. 1920.

No.

Year.

1880

1881

1888

1890

1891

1893

1894

1895

1901

1902

1903

1905

1915

1916

1917

ERAK River

Short title.
Kathis prohibited from receiving "Zakat"
Flags at Religious Festivals
Members of the Royal Family cannot be sued for

Debt. .
Treasure Trove

Issue of Perak Notes Prohibited
Vaccination

Preservation of Oysters in the P
Harbour

Police Supervision

Registration and Survey of Steam Vessels
Recognition of Chinese Laws
Contagious and Infectious Disease
Adoption of certain Ordinances of

MENTS

Frivolous Charges

Secretary to Resident

Decrepit Ward Fund

District Officers

Stolen Property

Prevention of Crimes

Krian Irrigation

River Rights . .

School Attendance . .

Sultan Idris Estate . .

Sultan Idris Religious and Charitable Trust

THE Straits Settle

1 'afje
589
589

589
590
590
591
594
595
603
604
610
613

615
616
617
618
621
622
624
627
632
634
635
641

588

KATHIS PROHIBITED FROM RECEIVING
" ZAKAT."

It is not permitted to the Tuan Kathi or to the Assistant Kathis,
who are paid officers of the State, in future to receive " Zakat."

28^^ February, 1880.

"Zakat" means religious tithes.

FLAGS AT RELIGIOUS FESTIVALS.

No flags will be permitted to be used on the mosques, or at
religious or other festivals, except by the permission of the Govern-
ment or its properly authorized officers, under penalty of fine
and imprisonment.

5th January, 1881.

MEMBERS OF THE ROYAL FAMILY OF PERAK
CANNOT BE SUED FOR DEBT.

Notice is hereby given, to all whom it may concern, that under
an Order in Council of the 8th January, 1888, and in accordance
with a Notification long since issued, no member of the Royal
Family of Perak ( Waris Negri) is liable to be sued for debt in any
of the Courts of the State, except by permission previously
obtained from Her Majesty's Resident.

29th February, 1888.

Note. — A list of heirs of the blood royal will be found in Order in Council
No. 14 of 1889.

589

TREASURE TROVE.

M. E. Holmes, [Uth July, 1888.]

for Clerk of Council.

It is hereby notified that any person making the discovery of any
treasure, curiosities, or other articles of scientific value, of which
the ownership is unknown, must bring the circumstances to the
notice of Government, in order that, should it bo considered advis-
able, they may be secured for the Government Museum, and the
Government will pay to the finder of such things as it may select
the actual value of the articles, and, in addition, a liberal remunera-
tion for the trouble and expense incurred in complying with this
Order, All penghulus and other officers of the Government are
expected to carry out this Order, mider a penalty in proportion to
the value of the articles.

Order in Council No. 10 of 1890.
ISSUE OF PERAK NOTES PROHIBITED

EXCEPT WITH THE CONSENT OF THE GOVERNOR OF THE
STRAITS SETTLEMENTS.

W. H. Treacher, 9th June, 1890.

Acting British Resident.

It is hereby ordered by His Highness the Sultan in Council that
no person or corporation carrying on the business of banking
shall, without the previous consent of the Governor of the Straits
Settlements, issue at any place within the State any bank note
whereby the payment of any sum of money is promised to be
made at any place within the State or which is otherwise paj^able
at any such place.

690

Order in Council No. 13 of 1890.
VACCINATION.

F. A. SwETTENHAM, [1st October, 1890.

British Resident. 1st December, 1890.]

1. The State Surgeon shall he the Superintendent of Vaccina- state surgeon
tion in Perak, and the District Surgeons Deputy Superintendents aurDistrref ""^
for their respective districts. surgeons De-

piity Superin-
tendents.

2. The Resident may appoint sxich public Vaccinators and nesicient may
other subordinate officers as he may deem necessary, and make I'latorslli make
rules for the effective working of this Order and for the isolation rules under

of persons suffering from small-pox or other infectious disease.

3. Parents are required to take their children for vaccination Parents to take
to the Public Vaccinator of the district in which they may be yacdnTtiM.
residing, as follows : —

(a) Every child now in the State of the age of fourteen or under, children under
not being already vaccinated — within six months of the coming g^xm^nth's'S'"
into operation of this Order. ^"^^^ ""^der.

{h) Every child which may hereafter be brought into the State children enter-
of the age of fourteen years or under, not being already vaccinated within" three^
— within three months of its arrival in the State. months of

arrival.

the state within
six months of
birth.

4. Public Vaccinators are required to vaccinate all children vaccinator to
brought to them for that purpose with all reasonable despatch. chlwrTn^^"

brought to him
with despatch

5. The same day in the following week after the vaccination a week after
has been performed the parent shall take the child to the place ^j^fi^j'^f^""
directed by the Public Vaccinator to be inspected by the Deputy inspected and
Superintendent of Vaccination, or other person authorized by him, takm'f^m it!
to ascertain the result of the operation, and the Public Vaccinator

may take from the child lymph for other vaccinations.

6. If the vaccination is unsuccessful the parent shall, if directed if unsuccess-
by the Inspecting Officer, cause the child to be again vaccinated te'Ve^vacdn-
and inspected, as on the previous occasion. ated.

7. A record of all vaccinations shall be kept by the Deputy Record to be
Superintendent of Vaccination in each district, and a copy thereof ceTtiUcate
furnished by him monthly to the Superintendent of Vaccination, maybe^^ven
and a certificate of successful vaccination shall, upon request, be of 12 cents.
granted on payment of a fee of 12 cents.

691

592

VACCmATION (PERAK).

If chilli unlit a 8. If a Dcputy Supcrintciulcnl of Vaccination considers that
..ertiiiiate to bo child Is Hot in a fit state to be successfully vaccinated he shall

Siveii, whic-li . , 1 • 1 I 11

may i>c renewed give tlic patent a certiucatc to that eiiect, which shall remain in
months tin (hiM forcc foF two uionths, and shall be renewable for successive periods
is vaLTinatci. ^f ^^^^^^^ months uutil the child is certified lo be fit. when it shall
be vaccinated as above provided.

Parenttotakp 9. At th(> end of (^■^ch successive period f)f two months the

child foi exiiniin- pf^^|.(>p^ shall take the chihl to he examined b\- the l)('|)uty Siii>erin-

atioii !it cnil ot 1 ..... • 1 .' I

two months. teiidcnt of V' accinatioii.

rertifiofttR to bo
Riven in taso of
a chilli insus-
cei)tibli' of
vaccin;ition aiiJ
chilli nocil not
be vacciiiatiil.

reiialty for
breach of
Sections ."S, 5,
(i, and U.

Penalty
wlicre not

specially
provided.

Penalty in
case I'ublio
Vaccinator
ne^rlects liis
duty.

Penalty for
innoculation.

Meaning of tho
word " parent,"
etc.

Distrii t l.'agis-
trate may
exempt mutim
from Sections '.),
5, 0, 8, and 9.

But if Vacci-
nator visits
mutim children
to be -vacci-
nated ,

10. The Deputy Superintendent of Vaccination sliall give a
certificate to that effect in the case of any child who, after being
three times vaccinated, is found insuscejitible of vaccination,
or who has had small-pox, and such child shall thereafter not be
required to be vaccinated,

11. Any breach of Sections 3, 5, G, and 9 of this Order shall,
unless reasonable cause for such breach is shewn, be punishable,
on conviction before a Magistrate, with a penalty not exceeding $5,
and the Magistrate may make an order directing the child con-
cerned to be vaccinated within a certain time, and if the order
is not complied with (except in the case of a child unfit for vaccina-
tion) the offender shall be liable, on conviction before a Magistrate,
to a penalty not exceeding 825.

12. Any person who, without reasonable cause, neglects to do
anything that is required of him by this Order, or by regulations
framed by the Resident under this Order, shall be liable, on con-
viction before a Magistrate, where not otherwise specially provided,
to a penalty not exceeding $100, or imprisonment of either descrip-
tion not exceeding six months, or both.

13. Every Public Vaccinator neglecting to perform any duty
required of him by this Order, or by the Resident's regulations
under this Order, shall be liable, on conviction before a Magistrate,
to a penalty not exceeding $10.

14. Innoculation or the wilful attempt to produce small-pox in
any child or person is prohibited, and shall be punishable, on con-
viction before a Magistrate, with a penalty not exceeding $100, or
imprisonment of either description not exceeding six months, or
both.

15. The word " parent " shall include any person having custody
of a child, and to " take a child " shall include to " cause to be
taken."

16. Any District Magistrate may, at his discretion, by written
proclamation, exempt any mukim in his district from the provisions
of Sections 3, 5, 6, 8, and 9 of these Regulations, should he con-
sider that the enforcement of the said sections will cause undue
inconvenience to the people ; provided that

(a) Any child liable to vaccination under Section 3 shall be
vaccinated when the Vaccinator visits the mukim, due notice being
given beforehand by the Vaccinator of such intended visit.

VACCINATION (pERAK). 593

(h) Should the Vaccinator bo able to re-visit any such mukini should vaoci-

vvithin a week or witliin two niontlis after perfoi'ining vaccination rc'-v°'sit"sul'ir *^°

he sliall give notice to the people, who shall be rerpiired in such mukimsthe

case to comply with the aforesaid sections under the penalty laid must be

down in Section 11 of this Order. ^"J°X^;

17. Should the Vaccinator without good cause fail to re- visit Penalty for
any such niukim on the prescribed date, after having notified his ^tringto°re-
intention of doing so, he shall Ije liable to the penalty provided visit mukim.
in Section 13 of this Order.

18. This Order shall come into operation on the 1st day of Date of order
December, 1890. force"^'"''

1—38

Order in Council No. 18 of 1890.

PRESERVATION OF OYSTERS IN THE PERAK

RIVER.

F. A. SWETTENHAM,

British Reside nt .

[2na October, 1890.]

License to
dreJge.

Export duty.

Close season.

Burning for
lime prohibiteil

Licenses issued
and duty col-
lected at Kota
Stia.

Penalty.

1. All persons wishing to dredge for oysters in the Perak river
may do so by taking ont a license, available for one month, for
which a fee of 25 cents will be levied.

2. An export duty of $5 per pikul will be levied on all oysters
exported from the State.

3. The close season, during which period no dredging \\\\\ be
permitted, will be from the 1st May to the 31st August.

4. The collection and burning of oyster shells for lime is also
prohibited.

5. License fees and the duty on exports may be paid to the
Customs Clerk at Kota Stia.

6. Any breach of the above rules will render the person or
persons liable, on conviction, to a fine not exceeding $50, or to
three months' imprisonment of either description, or to both.

594

Order in Council No. 17 of 1891.

HAKBOUR.

As amended by Pk. of 1899, C of 1900, and 3 of 1905.

W. H. Treacher,

Acting British Resident.

[nth December, 1891.
30th March, 1892.]

Interpreta-
tion.

Places sub-
ject to this
Order in
Council.

Definition of
limits of such
places.

Whereas it is expedient to provide rules for the more efficient preamble.
management of the ports and harbours of the State of Perak,
it is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Order in Council may be cited as "The Harbour Order short title.
in Council, 1891."

2. The expression " Master " or " Master of vessel " shall include
the person in charge of such vessel.

3. It shall be lawful for the Resident, by a proclamation in the
Government Gazette, to declare any port in the State, and any
navigable river or channel, to be subject to this Order in Council.

4. Every declaration by which any port, navigable river or
channel shall be made subject to this Order in Council, shall define
the limits of such port, navigable river or channel ; such limits shall
extend always up to high-water mark, and may include any piers,
jetties, landing-places, wharves, quays, docks, and other similar
works, whether within or without the line of high- water mark, and
(subject to any rights of private property therein) any portion of
the shore or bank within fifty yards of high- water mark : the limits
so declared may be altered from time to time by the Resident.

5. When any such port or navigable river or channel has been
so declared to be subject to this Order in Council, all the provisions
of this Order in Council, or such jiro visions only as the Resident may
specially declare, shall have effect in such ports, navigable rivers, and
channels.

6. Every declaration of the Resident made in pursuance of Declarations
Section 4 of this Order in Council shall be published in the Govern- Tio'L^''''°''
ment Gazette, or in such other public manner as the Resident may piii^iisiied in
direct, and a copy thereof shall be fixed up in some conspicuous Gazette.
place in the office of the Conservator of the port to which such
declaration or order shall relate.

7. (i) Such Officers as the Resident may appoint shall be the Appointment
Conservators of such ports, navigable rivers, and channels, subject ylt^o'^s^®'^'
to this Order in Council, respectively.

(ii) For the purposes of this Order in Council the word " port "
shall, unless such construction be inconsistent with the context,
include all such navigable rivers and channels leading thereto as
shall for the time being be subject to the provisions of this Order
in Council.

595

How this
Order in
Council may
effect dili'er-
ent places.

596 IIAR150UR (pkrak).

iicaiii, 8. (i) The llrsidi'iit may a|>|)(>inl at any port, su])j('ct to this

oiiktr. Order in Council, an Olliccr to be railed the Jlealth Ollicer, and may

suspend or remove from oiliee any Ollieer so appointed,

(ii) A Health Ollicer shall, subject to the control of the Resident,
have the follo\\ in^ powers within the limits of the port for which he
is appointed —namely :

(a) Power to enter on board any vessel and inspect the pro-
visions and water provided for the use of the crew or passengers,
and the accommodation for seamen or passengers, for the purpose
of ascertaining the fitness of the same ;

(h) Power to enter on board any vessel and medically examine
all or any of the seamen or apprentices on board the vessel ;

(c) Power to require and enforce the production of the log-book
and any other books, papers, or documents which he thinks necessary
for the purpose of enquiring into the health and medical condition
of the persons on board the vessel ;

(d) Power to call before him and question for any purpose all
or any of those persons, and to require true ans^\■ers to any questions
which he thinks fit to ask ;

(e) Power to require any person so questioned to make and
subscribe a declaration of the truth of the statements made by him.

Government 9. Thc Government shall not be responsible for any act or

"OTac^t^oriMauit (letault of any Conservator of any port subject to this Order in
of Conservator Council, or of his dcputy,

or his deputy. ■"■ "^

Power to 10. The Resident may from time to time make such Port Rules

Rufes.^"'^'' as he may think necessar}- for any of the following purposes in any

of the above-mentioned ports : —

(a) For regulating the berths and stations to be occupied by
vessels ;

(h) For regulating vessels whilst taking in or discharging ballast
or cargo ;

(c) For keeping free passages of such width as may be deemed
necessary within any such port, river, or channel, and along or near
to the piers, jetties, landing-places, wharves, quays, docks, moorings,
and other similar works in or adjoining the same ; and for marking
out the spaces so to be kept free ;

(d) For regulating the anchoring, fastening, mooring, and un-
mooring and warping of all vessels, and the use of warps, mooring
buoys, chain and other moorings ;

(/) For regulating the flags and signals to be used by vessels
arriving at, lying in and departing from any port ;

(g) For regulating the manner in Avhich vessels arriving are to
be boarded by an Officer of the Conservator's Department, and the
entries to be made in such Officer's book of arrivals ;

(h) For regulating the use by vessels of steam- whistles, steam-
syrens, or other like instruments ;

(i) For regulating the speed of steamers navigating rivers and
harbours. 1

1 Section 1 (j) repealed bj' Enactment No. 6 of 1899.

HARBOUR (PERAK). 597

Such Port Rules sliall bo published in the Government Gazette,
and shall have the same force and effect as if enacted in this Order
in Council, and every person convicted of a breach of any of the Port
Rules so made and published shall be liable, on conviction, to a
penalty not exceeding $50.

11. If any person shall wilfully and without lawful excuse refuse i-cnaityfor
or neglect to obey any direction of the Conservator, given under the "^^^^'[1? "'"
provisions of this Order in Council, after notice thereof shall have to'ohey
been given to him, such person shall, for every such offence, be liable, conservato/.
on conviction, to a penalty not exceeding $50, and a further sum

not exceeding $10 for every day on which he shall wilfully continue
to disobey such direction ; and in case of such refusal or neglect,
it shall b(! lawful for the said Conservator to do or to cause to be
done all such acts as shall be reasonable or necessary for the purpose
of carrying such direction into execution, and to hire and employ
proper persons for that purj^ose ; and all reasonable expenses which
shall be incurred in doing such acts shall be paid and borne by the
person or persons so offending.

12. The Master of every vessel anchoring in any of the ports of Master of
the State, or going alongside any wharf in any port, shall forthwith report arn'-ai.
report, or cause to be reported, the arrival of his vessel at the ofHce

of the Conservator of the port, and shall deposit, or cause to be
deposited there, a copy of the manifest of cargo to be discharged or
transhipped in the port, and a statement of passengers on board.

13. The Master of every vessel anchoring in any of the above- Duty o£
mentioned ports for the first time after the issuing of this Order in yesserenter-
Council shall forthwith deposit at the office of the Conservator a ing port tor
certificate from the port of registry of such vessel, setting forth the alter issue of
number of passengers of all classes which such vessel is permitted couiSff ^"^ '"^
to carrj^ and the nature and extent of the accommodation to be
provided for them, and any change made in the same at the port

of registry must be notified in the same manner upon the next
arrival of the vessel.

14. Every Master who shall fail to lodge a manifest statement Penalty for not
and certificate as required by the two preceding sections shall be with°sectious
liable to a penalty not exceeding $100. 12 and 13.

15. Every Master of a vessel who is found to have carried pas- Penalty for
sengers of any description in excess of the number, or in a manner mfniber^o?*^'^^^
not authorized by his ship's certificate, shall be liable, on conviction, Passengers.
to a penalty of $100, and to a further penalty not exceeding $10

for every passenger beyond the number for whom accommodation
existed in the ship as required by law.

* * * * * Pk. 3 of 1905.

17. No vessel carrying more than 50 j^assengers other than cabin vessels with
passengers shall carry as cargo or ballast any gunpowder or other ™eck pass"engers
explosive substance other than safety cartridges. °° ^°^'^'^ r°* *°

^ »/ D carry explosive

18. The Master of every vessel arriving at any of the j)orts, on ^"^^^tances.
board of ^hich any person has suffered from small-pox or cholera havini? smaii-
since the departure of the said vessel from the last port at which on boarj.*'''"^"
she touched, or having on board persons suffering from small-pox

or cholera shall hoist and keep displayed at the main-mast-head the

598

HARBOUR (peRAK).

No boal to h'o
alotii^'Sido
uiilesK

permiltcil by
the Maslcr.

Kxemlilioii.

Vessels to Im
fully maiuiuO.

I'enalty for
ofTuiiccs urn lor
^^cctio^^s If;, 17,
18, ly, and :;u.

Vessels not to
leave without
a Port Clear-
ance.

No seaman to
be disiiiari^'ed
unless on
certificate of
Conservator.

Moorings,
buoys, etc.

usual villnu (|ii;iriiiitiiie flag, and sliiill not ciitir the port till visited
by tho Health Oiliccr, nor till permitted by the Conservator.

19. No boat sliall ^o alonj^side any vessel arriving at any of the
ports unless and until ])crniitted by the Master, and no boat shall
l)e inad(^ fast astern of any vessel in any of tlu; })orts at a greater
distance! from tlu^ stern of such vessel than threes fathoins. The
boats of the Conservators of the ])orts and Police and Health Ollieers
ar(> exempted from the operation of this section.

20. Every vessel within the limits of any of the ports shall have
at all times on board a sufllcient number of men to veer cable, let
go anchors, brace the yards up, or lower a boat in case of accident.
J*r()vidcd always that, in the event of any vessels being laid up and
not intended for navigation, it shall be lawful for the Conservator
of the port to assign a place within the limits of the port where such
vessels may be anchored and be exempted from the operation of
this section.

21. The Owner or Master of any vessel or any other ])erson
ofTending against any of the provisions of Sections IG, 17, 18, 11),
and 20 shall be liable, on conviction, to a penalty not exceeding
$50.

22. No vessel shall leave any port without a Port Clearance,
to be issued by the Conservator or other Oflhcer duly authorized
thereto, and the Owner or Master of any vessel offending against
this section shall be liable, on conviction, to a penalty not exceeding
$500. Provided that nothing herein contained shall be held to
apply to any vessel arriving at any port at any time when the
office of the Conservator is closed for business, and leaving the port
before such office is again opened for business.

23. No Master of a vessel shall discharge therefrom, or force
therefrom, or wilfully or negligently leave behind him in the State,
any seaman brought to the State therein, or shijjped in the State,
unless on a certificate by the Conservator of the port, under a penalty
not exceeding $50 for each seaman so discharged, forced, or left
behind ; and any seaman wilfully or negligently remaining behind
in the State after the departure of the vessel in which he shall
have arrived or shipped, without such certificate, shall, on convic-
tion, be liable to a penalty not exceeding $25.

The Conservator shall not be required to issue a certificate under
this section unless in case of serious illness incapacitating the seaman
from duty on board his ship, or unless the seaman shall at the time
of the ship's departure be undergoing sentence of imprisonment,
and in every other case a certificate shall not be issued until and
unless the Master or owner of the vessel shall have made such pro-
vision for the seaman by procuring other employment, or otherwise,
as will prevent the seaman from becoming a charge on the State.

24. It shall be lawful for the Resident to cause or permit to be
fixed and laid down such moorings, buoys, beacons, and sea or land
marks as may seem to him to be necessary to assist in the navigation
of any of the ports, rivers, or channels subject to this Order in Council.

HAKBOUE (pERAK). 599

25. If any person shall wilfully and without lawful excuse, lift, penalty for
injure, loosen, or set adrift any such moorings, buoys, beacons, and '".terfcrin-

111- . • , 1 1 • , . . ^'th moorings,

sea or land marks ni any port, river, or channel subject to this Order buoys, etc.
in Council, he shall, for every such offence, be liable to a penalty not
exceeding S500, or to imprisonment, rigorous or simple, for a period
not exceeding three months.

26. An}^ moorings, buoys, beacons, or land or sea marks affected conservator to
shall be forthwith replaced or repaired by th(> Conservator ; and all andolfargJto'*''^
expenses incurred thereby shall be chargeable to the person convicted, person con-

27. If any person shall wilfully and without lawful excuse loosen penalty for
or remove from its moorings, or from its fastenings alongside any "Jos^J'iiUll^or
wharf or landing-])lace, any vessel within any such ])ort, river, or removing any
channel, without leave or authority from the Owner or Master of ^ '^^'^^ "' p""" •
such vessel, or of the Manager or person in charge of such wharf or
landing-place, such person shall, for every such offence, be liable to

a penalty not exceeding S500, or to imprisonment, rigorous or
simple, for a period not exceeding three months.

28. Nothing in Sections 25 and 27 shall be held to relieve any imprisonment
person undergoing punishment thereunder from responsibility in a from'tianiages
civil action for damages, at the suit of any person injured by or under civil
in consequence of his acts.

29. If any person shall, without lawful excuse, cause any obstruc- Penalty for
tion or impediment to the navigation of any port, river, or channel obstruction
subject to this Order in Council, or shall do or omit to do any act to navigation
likely to cause any obstruction or impediment to such navigation,

the Conservator may cause such obstruction or impediment to be
removed, and every person causing any such, obstruction or im-
pediment shall be liable to a penalty not exceeding $100, and also
to pay all reasonable expenses which shall be incurred in abating
or removing such obstruction or impediment.

30. The Conservator may remove, or cause to be removed, any conservator
timber or raft, floating or being in any part of any such port, river, u^be7,"etc.!
or channel, which shall impede the free navigation of such port, afloat or on
river, or channel, or anything which shall obstruct or impede the Xarire
lawful use of any pier, jetty, landing-place, wharf, quay, dock, o^PJe"!*^ '°
mooring, or other work, on any part of the shore or bank which has

been declared to be within the limits of such port, river, or channel,
and is not private propert}^ ; and the owner of any such timber or
raft or other thing shall be liable to pay the reasonable expenses
of such removal.

31. (i) A Master of a vessel shall not cause or suffer any warp
or hawser attached to his vessel to be left out in any port subject
to this Order in Council, after sunset, in such a manner as to endanger
the safety of any other vessel navigating in the port.

(ii) A Master offending against this section shall be liable, on
conviction, to a jjenalty not exceeding §100.

32. If any vessel shall be wrecked, stranded, or sunk in any conservator
such port, river, or channel, or in any place witliin State waters ^Xstroy^^
adjacent thereto, so as to impede or be likely to impede the naviga- ^'®®®f'^ .
tion thereof, the Conservator may cause the same to be raised, and charge
removed, or destroj'cd, and all expense incurred in the raising, ^oKaer^^^°

600

HARBOUR (PERAK).

Coinpeiisa-
lioii for
icmoviil of
Liwful im-
|ii'Jiiiu'iit,

reniiUy fur
iii\l:u\ ful
ilt'posil. of
niljliisli or
ballast.

No (lead
body, etc., fo
be cast over-
board within
port limits.

Light to be
exhibited
between
sunset and
sunrise.

No person to
grave, bream,
or smoke any
vessel within
port limits.

ivmoviiig, ami drstroN iiij^ of sui-li vessel shall br Ijorneby the owners
thereof.

33. If any oljstruclion or inipedimenl to the navigation of any
[)orl, river, or ehannel, subject to this Order in Coinicil, shall have
been lawfully made, or shall havi' become lawful by reason of the
long continuance of such obstruction or impediment, or otherwise,
the (Conservator shall rej)ort the same for the information of the
Resident, who may causes the same to be removed or altered, making
to the person or persons who suffer damage by such removal or
alteration reasonable compensation for the same. If any dispute
arise concerning such compensation, the matter in dispute shall be
determined according to the law now, or hereafter, to be in force
in the 8tate relating to the determination of disputes as to the price
of land required for public purposes.

34. If any ballast or rubbish, or if any other thing likely to form
a bank or shoal, or to be detrimental to navigation, shall, without
the permission of the Conservator or other lawful excuse, l)e cast
or thrown into any such port, river, or chamiel, or into or upon
any place or shore from which the same shall l)e liable to be washed
into any such port, river, or channel, t'ither by ordinary or high tides,
or by storms or land-floods, the person who shall so cast or throw
the same, or cause the same to be so cast or thrown as aforesaid,
and the Master of any vessel from which the same shall be cast
or thrown shall forfeit and pay a sum not exceeding $100 over and
above any expenses which may be incurred in removing the same.

35. No dead bodj% or the carcass of any animal, shall be thrown
overboard or into the seas, rivers, or channels, within the limits of
the ports, under a penalty not exceeding S50, and any expenses
incurred in burying or otherwise disposing of any dead body or
carcass so thrown over shall be chargeable on the Owner or Master
of the vessel from Avhich the same may have been thrown.

36. The Master or person in charge of every vessel lying at anchor
within any of the ports, rivers, or channels subject to this Order in
Council shall between sunset and sunrise, exhibit, or cause to be
exhibited, where it can best be seen, but at a height not exceeding
20 feet above the hull, a white light in a globular lantern of at least
8 inches in diameter, and so constructed as to shew a clear, uniform,
and unbroken light all round the horizon, visible at a distance of
at least one mile ; and the Master or person in charge of every
such vessel in which a light shall not be exhibited, as required by
this section, shall be liable, on conviction, to a penalty not exceeding
S50.

37. If any person shall grave, bream, or smoke any vessel in any
port, river, or channel subject to this Order in Council, or shall
boil or heat any pitch, tar, resin, dammer, turpentine, oil, or other
such combustible matter on board any vessel Avithin any such port,
river, or channel, at any time or within any limits at or within
which such act shall be prohibited by any order of the Resident,
or contrary to the orders or directions of the Conservator, every
such person, and also the Master of such vessel, shall be liable,
on conviction, to a penalty not exceeding $100.

HARBOUR (pERAK). 601

38. If any porsoTi shall use a naked light to draw off spirits, Nak&i ii-iita
turpentine, intiamnuihle oil, or inflanima])le li(juid.s of any kind, on "earhliiam-^''
board any vessel in any port, river, or channel subject to this Order in '"a'j'e U'luids.
Council, every such person, and also the Master of ev(>ry such vessel,

shall be liable, on conviction, to a penalty not exceeding $100.

39. In the event of fire; breaking out on l)oard any vessel in any vcsscion (ire
ol the ports, rivers, or channels subject to this Order in Council, nmltsV"^'^
it shall be lawful for the Conservator of the port to proceed on

board such vessel, with such assistants and persons as to him may
seem fit, and to give such orders as may seem to him necessary for
scuttling such vessel or for removing such vessel to such place
as may to him seem proper to prevent, in either case, danger to
other vessels ; and if such orders are not forthwith carried out
by the Master of such vessel, the said Conservator may hims(>lf
proceed to carry them into effect.

43.' No person, without the permission of the Conservator, shall shint'ie, etc.,
remove or carry away any rock, stones, shingle, gravel, sand, or "arrie"fr*om
soil, or any artificial protection from any part of the bank or shore "or aejiosited
of such port, river, or cha.nnel, and no person shall sink or bury in umHsJwMth-
any part of such bank or shore any mooring-post. anchor, or any °onservT*r°^
other thing which is likely to injure or to be used so as to injure .
such bank or shore, except with the permission of the said Con-
servator, and A\ith the aid or under the inspection of such person
or persons (if any) as he may appoint to take part in or overlook
the performance of such work.

Every person offending against any of the provisions of this penalty.
section, shall be liable, on conviction, to a penalty not exceeding
§100 for every such offence, and to pay the expenses of repairing
the injury (if any) done to such bank or shore,

43. The Conservator may, whenever he shall suspect that any conservator
offence has been or is about to be committed in any vessel contrary *■? ^^l^ ^^"^ ,

^ • r\ 1 • /~i •! • 1 • • right to boanl

to tins Order in Council, or whenever he considers it is necessary any vessel,
for him so to do in the discharge of any duty imposed upon him
by this Order in Council or otherAvise by law, go, either alone or
with any other person or persons, on board any vessel within the
limits of any port, river, or channel subject to this Order in Council.
If the Master of such vessel shall, Avithout lawful excuse, refuse to
allow any such Conservator, or any of his assistants, or other
officers or persons authorized by him, so to enter such vessel, he shall,
for every such offence, he liable, on conviction, to a penalty not
exceeding $100.

44. Any person who shall wilfully obstruct or hinder any person penalty for
in the execution of anj^ duty imposed or power conferred by this an^*^p"re'on dis-
order in Council, or shall assault or ill-treat him in the discharge charging a duty
of such duty, or in the exercise of such power, shall, for every such orferin '
offence, be liable, on conviction, to a penalty not exceeding $100. council.

45. All acts, orders, or directions by this Order in Council autho- Government
rized to be done or given by any Conservator, may be done or given u,^jef au^tho-
by any person in the service of Government subject to his control ntyofcon-
and duly authorized by him. And any person authorized to do ^'"'^^^ °'^"
any act may call to his aid such assistance as may be necessary.

1 Sections 40 and 41 and the Rules made thereunder repealed by Enactment
No. G of 1899,

602

HARBOUR (pERAK).

Offences

puiiishatilc
ill II Ruiiiiiiary
uiaiincr.

Recovery of
penalties.

Disputes as to
expenses to be
laid before a
Magistrate.

Service of
notices.

Prosecution
against officials
to be broiiKht
within tliree
months of date
of action
complained of.

46. All offences against this Order in ( .'ouncil shall he punishable
in a summary manner by a Maj^istrate, on information hy or by
order of tiie Conservator, or by any other person autliori/ed l)y him
then>to. And in addition to the means preseribed by law for the
recovery of penalties imposed by Magistrate's in their summary
jurisdiction, it shall be lawful for a Magistrate, by warrant under
his hand, to cause the amount of any penalty imposed under this
Order in Council, upon the Owner or Master of any vessel, for any
offence committed on board of such vessel, or in the management
thereof, or otherwise in relation thereto, whereof such Owner or
Master shall be convicted, to be levied by distress and sale of such
vessel, ami the taclcle, apparel, and furniture thereof, or so much
thereof as shall be necessary.

48.* In every case in which any person shall be liable, under the
])rovisions of this Order in Council, to pay any sum of money,
damages, or expenses, the same may be recovered and levied in the
same manner as any penalty under this Order in Council, and, if
necessary, the amount thereof may be fixed and assessed by the
Magistrate before whom the case shall be tried.

49. All expenses incurred for works authorized or required to be
done by a Conservator under Sections 11, 2G, 29, 30, 31, 33, 34, 38,
and 41 shall, if any dispute arise as to the amount, be ascertained
before a Magistrate, and, when so ascertained, shall be recoverable
in the same manner as any penalty under this Order in Council,
and the Conservator may cause any timber, raft, or other thing, or
the materials of any vessel, boat, or wreck, or of any nuisance or
obstruction, to be removed, or so much thereof as may be necessary
to be sold by public auction, and may retain all the expenses of such
removal and sale out of the proceeds of such sale ; and shall pay
the surplus of such proceeds, or deliver so much of the said timber
or other materials as shall remain unsold to the owner or other
person entitled to receive the same ; and if no such person appear,
shall cause the same to be kept and deposited in such manner as
the Resident shall direct ; and may, if necessary, from time to time,
realise the expenses of keeping the same, together with the expenses
of such sale, by a further sale of so much of the said timber or other
materials as may remain unsold, and the balance shall be paid to
the person entitled to the property, and, if no person shall appear
and claim the same, it shall be paid into the Treasury. Provided
however, that the amount so paid into the Treasury shall be re-
funded without interest to any person who may thereafter establish
his right to the same.

50. Any written notice given under this Order in Council, which
shall be left for the Master of anj^ vessel with an}^ person employed
on board thereof, or which shall be affixed in a conspicuous place on
board of such vessel shall, for the purposes of this Order in Council,
be deemed to have been given to the Master thereof.

51. All actions and prosecutions which may be lawfully brought
against any persons for anything done or intended to be done under
this Order in Council, shall be commenced within three months after
the thing complained of, and not otherwise.

1 Section 47 repealed by Enactment No. 6 of 1900.

Order in Council No. 2 of 1893.
POLICE SUPERVISION.

[27th March, 1893.
19th May, 1893.]

F. A. SWETTENHAM,

British Resident.

Whereas it is expedient to make provision for the more effectual preamble.
prevention of crime and for the supervision of habitual criminals,
it is hereby ordered as follows : —

1. When a person is convicted in the Court of a Magistrate of After second
the First Class of a crime, and a previous conviction of a crime is ^ouVt'may
proved against him, the Court may, in addition to any other punish- order police
ment which it vaa,y award to him, direct that he is to be subject "^

to the supervision of the Police for a period of three years, or such
less period as the Court may direct, commencing immediately after
the expiration of the sentence passed on him for the last of such
crimes.

2. Every person subject to the supervision of the Police who Require-
is at large in the State shall notify the place of his residence to the ™ersons'^°™
Chief Police Officer of the district in which his residence is situated, g^p^rvisSn
and shall, whenever he changes such residence within the same

police district, notify such change to the Chief Police Officer of the
district, and whenever he changes his residence from one police
district to another, shall notify such change of residence to the
Chief Police Officer of the district which he is leaving and to the
Chief Police Officer of the district into which he goes to reside.
Moreover, every person subject to the supervision of the Police, if
a male, shall once in each month report himself, at such time as
may be prescribed by the Chief Police Officer of the district in which
such person may be, either to such Chief Police Officer himself or
to such other person as that officer may direct.

3. If any person subject to the supervision of the Police who Persons not
is at large in the State remains in any place for forty-eight hours p°ace^offesi-
without notifying the place of his residence to the Chief Police ^^^1^^-°
Officer of the district in which such place is situated, or fails to
comply with the requisitions of Section 2 hereof on the occasion of

any change of residence, or with the requisitions of Section 2 hereof
as to reporting himself once in each month, he shall in every such
case, unless he proves to the satisfaction of the Court before which
he is tried that he did his best to act in conformity with the law,
be guilty of an offence against this Order in Council, and upon
conviction thereof he shall be subject to imprisonment of either
description for a term not exceeding one year.

Courts of Magistrate of the Second Class shall have jurisdiction
to tr}^ offenders under this section.

4. This Order in Council shall have effect from the date of the ,^**7p^e,"Xnf
publication thereof in the Governmeyit Gazette.

603

Order in Council No. 10 of 18D3.
REGISTRATION AND SURVEY OF STEAM VESSELS.

[3rd July, 1893.]

F. A. SWETTENHAM,

British Jiesidcnf.

rrcanible.

I n(rr[ireta-
tioii.

Exception.

Vessels and
launches to
be reiristered.

Record of
registry.

Fees for
registration.

Notice of
alterations.

Penalty.

Whereas it is expedient to pl•o^•i(le for the registration and .survey
of steam vessels in the State of Perak , it is hereby enacted by His
Highness the Sultan in Council as follows : —

1. The following expressions, as used in this Order in Council,
shall have the meaning herein assigned, that is to say —

" Steam vessels " shall mean steamers exceeding 2.5 tons.

" Steam launches " shall mean steamers not exceeding 25 tons.

2. Nothing herein contained shall apply to an};- steam vessel or
steam launch belonging to the Government of the State.

3. Every steam vessel and steam launch plying to or between
any port or ports in the State of Perak, which is not duly
registered in a port of the Colony of the Straits Settlements, shall
be registered in the office" of the Harbour Master at Port Weld or
at Teluk Anson.

4. The Harbour Master shall keep a book for the purpose of
registering steam vessels and steam launches, and shall enter therein
the following particulars of every steam vessel and steam launch so
registered in his office : —

(i) Date of registration, (ii) Name of vessel or launch, (iii)
Tonnage of same, (iv) Name and residence of owner and agent,
(v) Name of Master, and number and date of his certificate of
competency, (vi) Name of Helmsman and number and date of
his certificate of competency, (vii) Name of Engineer, and
number and date of his certificate of competency.

5. The fees for registration shall be as follows : — For every
Steam Vessel, $25. For every Steam Launch, $10.

6. The owner, agent, or Master of every registered steam vessel
or steam launch shall forthwith notify to the Harbour Master at
the port of registry every change or alteration which may from
time to time occur in respect of any of the particulars registered,
as required by Section 4 hereof.

7. The owner, agent, or Master of any steam vessel or steam
launch who shall fail to register his steam vessel or steam launch as
hereby required, or who shall fail to notify such change or alteration
as aforesaid, shall be liable, on conviction, to a fine not exceeding

604

SURVEY OF STEAM VESSELS (PERAK). 605

two hundred dollars, and any such owner, agent, or Master furnishing
as true information which he knows or has reason to helieve to l)e
false shall be deemed guilty of an offence under Section 177 of the
Penal Code.

8. No steam vessel or steam launch shall be registered under Production oi
this Order in Council until the Master, Helmsman, and Engineers competen'cy°^
thereof have produced, for the inspection of the Harbour Master,

their certificates of competency from the Colony of the Straits
Settlements.

9. In addition to the penalties prescribed by section 7 hereof Detention of
any steam vessel or steam launch which shall ply or be in use without "ered vessel
having been first registered as required by this Order in Council, or'auncu.
shall be liable to seizure and detention until all the conditions
required by this Order in Council shall have been complied with.

10. It shall be lawful for the Resident to appoint, by notification surveyors to
in the Government Gazette, either permanently or from time to time, ^ ^pp**'"
at each port of registry, fit and proper persons to be Surveyors of

steam vessels and steam launches under this Order in Council.

11. The Surveyors appointed under this Order in Council shall surveyors to
be deemed to be public servants within the meaning of the Penal se^rvants°
Code.

12. At the requisition of the Harbour Master it shall be lawful surveyors to
for the said Surveyors, in the execution of their duties, to go on Jo^^nsp^^'^
board any steam vessel or steam launch, at all reasonable times, and

to inspect the same, or any part thereof, and any of the machinery,
boats, equipments, or articles on board thereof, or any certificates of
the Master, Mates, Helmsmen, Engineers, Gunners, or Engine
Drivers, to which the provisions of this Order in Council, or any of
the rules to be made by virtue thereof, apply, not unnecessarily
detaining such vessel or launch from proceeding, and if in con-
sequence of any accident to any such vessel or laiinch, or for any
other reason, they consider it necessary so to do, to require such
vessel or launch to be resurveyed and, if they think fit, to be taken
into dock for the purpose of surveying the hull thereof.

13. Any person w^ho shall refuse access to such Surveyors, or penalty.
shall otherwise hinder them in the performance of their duty, or shall
refuse or neglect to give any information which may reasonably be
required of them, and which they have it in their power to give, shall

be liable, on conviction, to a penalty not exceeding $250, and any
person furnishing as true information which he knows or has reason
to believe to be false, shall be deemed guilty of an offence under
Section 177 of the Penal Code.

14. If the said Surveyors find that any steam vessel or steam surveyors
launch under survey by them is not provided in all respects as J^pairs!^
prescribed by this Order in Council, or requires repairs or additions

to the vessel or her machinery, boats, equipments, or articles on
board thereof, the said Surveyors shall give notice in writing to that
effect to the person having the vessel surveyed, pointing out the
deficiencies or defects, and requiring the same to be supplied or made

606

SURVEY OF STEAM VESSELS (PERAK).

I'OSVIT to

frufiie nilt'S.

Fees for certi-
ficates of
survey.

Survej'ors,
when to ftraiit
certificate.

Particulars of

certi;';cates.

good, and shall not grant their certificate of survey till the same are
supplied or made good to their satisfaction.

15. The Resident may from time to time frame rules as to the
manner in which the surveys shall be made, and the times and places
of which surveys, the nature, quality, and (juantity of the equipment
which steam vessels and steam launches shall he required to carry,
and the duties of the Surveyors, and may also fix the amount of
remuneration to be paid to the Surveyors.

16. For every certificate of survey granted under this Order in
Council, the owner, agent, or Master of the vessel or launch surveyed
shall pay a fee according to the rates in the Schedule A hereto, or
such other rates as may be from time to time fixed by the Resident
and published in the Government Gazette.

17. When any survey is made under this Order in Council, the
Surveyors making such survey shall forthwith, if satisfied that they
they can with propriety do so, and on payment by the owner, agent,
or Master of the vessel or launch surveyed, of the fees prescribed
by this Order in Council, give to such owner, agent, or Master a
certificate of survey signed by them, and framed, as nearly as the
circumstances of each case will admit, in the form set forth in the
Schedule B hereto, and setting out the length of time for which
the certificate is to be in force, not exceeding one year in any case.
Such certificates shall, before being issued, be signed by the Harbour
Master of the port, without charge, and a duplicate certificate signed
in like manner shall be kept on record in the office of such Harbour
Master.

18. The certificates of the surveyors shall contain statements of
the following particulars, that is to say :—

(i) That the hull of the vessel or launch is sufficient for the service
intended, and is in good condition.

(ii) That the boats, life-buoys, lights, signals, and compasses are
such and in such condition as will eflPectually serve the purposes of
such vessel or launch, and that the numbers and certificates of the
persons employed thereon are such as are required by this Order
in Council.

(iii) The time for which the said hull and equipments will be
sufficient.

(iv) The limits, if any, beyond which the vessel or launch is,
in the Surveyor's judgment, not fit to ply.

(v) That the machinery of the vessel or launch is sufficient for
the service intended, and is in good condition.

(vi) The time, if less than one year, for which such machinery
will be sufficient.

(vii) That the safety-valves and fire hose are such and in such
condition as will effectually serve the purposes of such vessel or
launch.

(viii) The limits of weight to be placed on the safety-valves.

SUKVEV OF STEAM VESSELS (PERAK). 607

19. Each certiHcatc of survey granted by 8urveyors under this certinrates
Order in Council shall be hung up, and remain at all times suspended ^o^|'<^''""3
in some consi^icuous part of the vessel or launch for which the same

is granted, where the same may be easily read, and in default of
compliance with this provision, every owner. Master, or other person
in charge shall be liable to a penalty not exceeding $50 for every
day or part of a day on which such certificate is not so hung up.

20. No certificate of survey, whether granted under this Order in certificates
Council or otherwise, shall be held to be in force for the purposes of "orce'after"
this Order in Council after the expiration of the time for which the expiry.
same was granted.

21. If any vessel or launch surveyed under this Order in Council I'roviso in
is absent from the State when her certificate of survey expires, no absem^e from
penalty shall be incurred in the State for the want of a certificate of i^"'''-
survey, until she begins to ply or is about to ply after her next
subsequent return to the State.

22. The Resident may require any certificate of survey granted Certificates
under this Order in Council which has expired, or has been revoked averted up.
or cancelled, to be delivered up as may be directed, and any owner,
agent, Master, or other person who, without reasonable cause, neglects

or refuses to comply with such requirements, shall incur a penalty
not exceeding $50 for each offence.

23. The Resident may, at any time, if he thinks it necessary special
for the safety of the passengers, give special directions to the Sur- ^^''^^y®-
veyors under this Order in Council for the survey by them of any
vessel or launch registered under this Order in Council, and any
vessel or launch so ordered to be surveyed shall not proceed out of

jDort until so surveyed, nor until a certificate has been granted as
provided by this Order in Council, and the provisions of this Order in
Council shall apply, so far as the same are in any way applicable,
to every vessel or launch so specially directed to be surveyed, and
to the Owner, Agent, Master, Officers, and Engineers thereof.

24. The Resident may revoke or cancel any certificate of survey cancellation
granted under this Order in Council in any case in which he has °| survfy!''*'
reason to believe that —

(i) The certificate of survey of the sufficiency and good condition
of the hull, equipments, and machinery of any vessel, or either or
any of them, has or have been fraudulently or erroneously given
or made, or

fii) That such certificate has otherwise been issued upon false
erroneous information, or

(iii) That since the giving and making of such certificate the hull,
equij)ments, and machinery of such vessel or launch have sustained
any injury or are otherwise insufficient.

25. If any steam vessel or steam launch shall be surveyed under second
the provisions of this Order in Council, and if the Surveyors shall ^^'^^y-
decline to grant anj'^ certificate of survey, and shall grant a certificate

of survey with which the owner, agent, or Master of such vessel

608

SURVEY OV STEAM VESSELS (pERAK).

rroceeiiint;s
thereon.

Tobelinal.

Re-survey
after work
completed.

Subject to
rules.

Rules for

steam

launches.

Oonvictions.

or launch .shall be dissalislictl, tlu' Hi'sidcnt may, on the aj)})licalioii
of such owner. ag(mt, or Master, and on his payinf^ the amount of the
fee eharj^eable for a survey, appoint two or more other competent
Surveyors to survey the saiil vessel or launeii.

26. The Surveyors so appointed shall forthwith survey the said
vessel or launch, and shall cither decline to grant any certificate of
survey, or shall grant such certificate as under the circumstances
shall seem to them to be proper.

27. If the Surveyors appointed under Section 25 unanimously
n^fuse to grant any certificate of survey, or unanimously agree as
to the terms of a certificate of survey granted by them, such refusal
or such certificate of survey shall be final and conclusive, but if they
do not agree the refusal originally made or the certificate of survey
originally granted by the Surveyors who surveyed the vessel or
launch in the first instance shall remain and be of full force and effect.

28. If the Surveyors appointed under Section 25 decline to grant
a certificate unless and until certain works required by them are
done to their satisfaction, so soon as the work is done the vessel or
launch may be again surveyed by the same Surveyors, or by any
Surveyors authorized under this Order in Council, who may grant or
refuse a certificate at their discretion.

29. Every such survey shall be made subject to all the provisions
and rules, both as to joayment of fees and otherwise, which are
applicable to surveys made in ordinary cases under this Order in
Council.

30. It shall be lawful for the Resident to frame rules for the
management of steam launches, as to the num.ber of passengers to
be carried, the rules for lights at night, the rules for navigation,
inspection and survey of hull, machinery, and boilers, the manner of
steering, rate of speed, and use of signals, by steam whistle and
otherwise, in harbours, rivers, and going alongside ships and wharfs,
as well as at sea.

Any person infringing any rule made under this section shall be
liable to a penalty not exceeding $50.

31. Convictions for offences under this Order in Council may he
had Ijefore a Magistrate of the First or Second Class.

Schedule A.

RATES OF FEES TO BE CHARGED FOR SURVEY OF
VESSELS AND LAUNCHES.

For Steam Vessels — for each Surveyor, $7.

For Steam Launches — for each Surveyor, $5.

SURVEY OF STEAM VESSELS (PERAK).

609

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Order in Council No. 23 of 1893.
RECOGNITION OF CHINESE LAWS.

Aa amondod by O. in C. 26 of 1895.

Pronmble.

Certain
Chinese cus-
toms adopted
as law.

F. A. SWETTENHAM,

British Resident.

[21st December, 1893.
28th December, 1894.]

Whereas it is expedient that certain national laws and customs
of the Empire of China, regarding marriage, ado])tion, and in-
heritance, should be recognized as law and enforced by the Courts
of the State of Perak in adjudicating upon such matters among
the Chinese community :

It is hereby enacted by His Highness the Sultan in Council, as
follows : —

1. The Chinese laws and customs hereinafter set out are hereby
declared to be law in the State of Perak, and are to be observed
by all Courts of Justice, Arbitrators, and other tribunals in adjudi-
cating upon all or any of the matters therein referred to, in respect
of any cause, suit, or other proceeding, either or both the parties
to which is of Chinese nationality.

Marriage.

(i) No Chinaman may be lawfully married to more than one
first or principal wife at the same time, nor may such wife be
degraded and placed under an inferior wife.

(ii) It is illegal for two persons of the same " Seh " to marry.

(iii) If the husband of a woman is absent for three years and
neglects to provide for her proper maintenance the woman may
re-marry with the permission of the Court.

Inferior Wives.

(iv) A Chinaman may espouse as many inferior wives as he
pleases, provided that he supports them in a befitting manner.

Order in
Council No.
26 of 1895.

Adoption.

(v) Adopted sons are entitled to the same legal rights as legitimate
sons.

(vi) (a) Any man having no son may adopt as his son any member
of his " Seh " who is of a younger generation.

(b) If there be no such suitable male of his own " Seh," he may
adopt a son, who must be a cognate from another " Seh."

610

RECOGNITION OF CHINESE LAWS (PERAK).

611

(c) Except as j^rovided in iSuh-seclion (ii) ^ and in the case of found-
lings under three years of age, it shall not he lawful for a man to adopt
a son from another " Seh."

(d)'^ Should a son so adopted from another " Seh " renounce, after
his adopted father's death, the " Seh " of his adoption, his share of
the estate of the deceased shall revert to the relations of the deceased.

(e) hi the absence of any testamentary provisions to the -contrary
sons by birth shall, on the death of their father, be regarded as senior
to sons by adoption.

Inheritance.

(vii) Chinese are to be deemed to have attained full age when
they have completed their eighteenth year.

(viii) Wills may either be oral or written, but wills of the former
class should not be accepted by the Court unless fully substantiated
by unimpeachable evidence.

A written will may have witnesses, but their presence is not
essential to its validity.

(ix) If a man will away his property from his sons the will may
be set aside by the Court unless sufficient reason is shewn. If
unfilial conduct be alleged as a reason the allegation must be sub-
stantiated by the evidence of some person other than the parents.

(x) A man may appoint in his will the son who is to represent him order in
at the ancestral luorship. A 'man who has no son may appoint a 260/1895^
nephew or, failing nephew, some more remote descendant of his ances-
tors, hut such appointment shall he invalidated by the subsequent
birth of a son to the testator, and the relative so appointed shall he
entitled to receive a son's share in the estate.

Intestate Estates.

(xi) In dividing intestate estates the eldest son of the first or principal
ivife is entitled to represent his father at the ancestral ivorship, and
may receive a double share of the estate. If the principal wife have
no surviving male descendant the eldest son by any inferior wife shall
succeed.

All other sons, whether by the first or principal wife or by inferior
wives, or adopted, are entitled to one share each.

(xii) // the eldest son is married, his son is entitled to receive
one of his father's shares, hut no other grandson whose father is living
is entitled to receive anything.

(xiii) If the eldest son has predeceased his father, having been
lawfully married and leaving mcde issue of such marriage, such
sons are entitled to receive the share which would Jiave fallen to their
father.

(xiv) If the eldest son dies before marriage, and it is clear that
the intestate has chosen another son to fill his place, such son is
entitled to the privileges of the eldest son.

1 Query (6).

Order in
Council Xo.
26 of 1895.

612 RECOGNITION OF CHINESE LAWS (PERAK).

Order in
Council No.
26 0/1895.

Magistrates to
obtain the assis-
tance of asses-
sors and skilled
witnesses.

Date of
operation.

(xv) TIk^ widow of an intestate ha.s no right to share in the
property, hut the sons are bound to support her according to her
station in life.

(xvi) If the widow does not marry again, and there are no sons
to succeed, she is entitled to remain in possession of her deceased
husband's ])roperty, and an heir to her must ])o chosen by the elders
(jf the family.

If she marries again the property of her deceased husband shall
bo disposed of by the family.

(xvii) An inferior wife is not entitled to any share in the estate,
but the sons of the deceased are bound to support her until she
marry or co-habit with another man.

(xviii) On the complaint of the widow or an inferior widow of the
deceased, it shall be la\Aful for the Court, if good reason be shewn,
to protect the proj)erty of the deceased and, if necessary, to remove
the control of it from the sons or adopted son and place it in the
charge of the widow or inferior widow or other trustee, in order
that funds for the maintenance of the widow or inferior widow may
be duly secured.

(xix) Stepsons and married daughters are not entitled to any
share in the property, but the daughters are entitled to due main-
tenance at the expense of the estate, and the sons are bound to
support them until the daughters marry, aiid to provide for them
a suitable marriage and an adequate dowry when they arrive at a
marriageable age. The procedure provided in Sub-section (xviii)
may also be taken on the complaint of the daughters.

2. All Magistrates are hereby empowered and required to obtain,
when necessarj'^, the assistance of Chinese Assessors, and the evidence
of skilled witnesses, when possible, to assist them in arriving at
a determination concerning any of the matters referred to in this
Order in Council.

3. This Order in Council shall have effect from the date of the
publication thereof in the Government Gazette.

Order in Council No. 3 of 1894.

CONTAGIOUS AND INFECTIOUS DISEASE.

F. A. SwETTENHAM, [6th July, 1894. J

British Resident.

Whereas a dangerous infectious disease is at present prevalent rrcambie.
in the Colony of Hongkong and in certain districts in China, and
it is desirable to take precautions to prevent the spread of the same
to this State ; and whereas the importation into the State of
Chinese immigrants from such districts or from places in communi-
cation with them may become a source of danger to the inhabitants
of tliis State ; and whereas it is expedient that in the present and
in all other like cases the Government should have full powers to
take immediate precaution for the preservation of the public health,
it is hereby enacted by His Highness the Sultan in Council as
follows : —

1. Whenever any dangerous, infectious, or contagious disease Eesident may
has broken out or exists at any port beyond the limits of the State J^adoif p°ut^
or in the country adjacent to such port from which Chinese immi- tinginforce^
grants are ordinarily imported into the State, it shall be lawful for secUon°"2,°3,
the Resident to declare by Proclamation, to be published in such re''ird'to''
manner as to him may seem fit, that the provisions of Sections 2, 3, Chinese im-
and 5 of this Order in Council shall be in force within the State and cilfiwrctm"
shall have effect in respect of all such ships as may sail from or call
at any port named in such Proclamation after the date thereof, or
which have received on board any Chinese immigrants from such
port, and every such Proclamation shall remain in force until
cancelled by Government Notification published for the purpose in

the Gazette.

2. So long as any Proclamation made under the provisions of provisions as
this Order in Council remains in force : — ^° Chinese

immiLTants

(i) It shall not be lawful for any Chinese immigrant who arrives |'i"/ni|;^raii?*'

in any ship on a voyage on which such ship has called at any port ships during

named in such Proclamation, or has received on board any Chinese ciamaUon.
immigrant from such port, to land in the State.

(ii) It shall not be lawful for the Master of any ship Avhich has
started from or called at any port named in such Proclamation, or
has received on board any Chinese immigrant from such port, to
disembark or to suffer to disembark any Chinese immigrant at any
place within the State.

(iii) The owner, agent, consignee, and Master of any ship which
having started from or called at or received on board any Chinese
immigrant from any port named in such Proclamation, shall arrive
at any port or place in the State, shall be legally bound to cause
such ship to leave the waters of the State without disembarking any
Chinese immigrant, within twenty-four hours after the receipt by
him of written notice from the Harbour Master requiring him to
do so.

613

mitrrant
ships.

614 CONTAGIOUS AND INFECTIOUS DISEASE (PERAK).

Oonimunica-
tioii with
Chinese im-
migrant ship
forbidden
during time
of Proclama-
tion.

Meaning of
" Chinese im-
migrants "
and " Chinese
immigrant
ship."

Rules as to
entry of ships
into the ports
of the State
during time
of Proclama-
tion.

Penalty.

Date of
operation,

(iv) Any Chinese immigrant disembarking or attempting to
(lis(Mnl)ark from an}^ ship contrary to tlie jjrovisions of this Order
in Council, shall be liable, on conviction, to a fine not exceeding
$50 and to iin|)ris()ninent of c^ither description not exceeding six
months, or to both such punishments ; and the Master of any ship
who suffers any Chinese immigrant to disembark, and any person
aiding or abetting any Chinese immigrant in disembarking from a
ship contrary to the provisions of this Order in Council shall be
liable to a line not exceeding $100 for every immigrant whoso
disembarkation has been so suffered, aided, or abetted, or to im-
prisonment of either description not exceeding six months, or to both
such punishments ; and any owner, agent, consignee, or Master of a
ship A\ho, after the expiration of twenty-four hours from the service
upon hira of the notice mentioned in sub-section (iii), shall suffer
such ship to remain within the waters of the State, shall be liable,
on conviction, to a fine not exceeding $500 for every day or part
of a day during which such ship shall have remained within the
waters of the State in contravention of this Order in Council, or to
imprisonment of either description not exceeding six months, or to
both such punishments.

3. So long as anj'^ Proclamation made under the provisions
of this Order in Council remains in force, any person other than
the Health Officer, Harbour Master, Protector of Chinese, or the
Officers of any of them, who shall communicate or attempt to
communicate with a ship which has started from or called at any
port named in such Proclamation, or which has received on board
Chinese immigrants from such port at any place other than such
ports as are notified in such Proclamation, shall be guilty of an
offence, and shall be liable, on conviction, to a fine not exceeding
81,000, and to imprisonment of either description not exceeding six
months, or to both such punishments.

4. The expresions " Chinese immigrant," as used in this Order
in Council, shall be held to mean Chinese brought to the State from
China in any ship, not being first or second class cabin passengers ;
and the expression " ship " shall be held to mean a ship bringing
Chinese immigrants exceeding twenty in number.

5. So long as any Proclamation made under the provisions of
this Order in Council remams in force, the Resident may from time
to time make, and when made revoke or vary such rules as may
appear to him necessary or expedient for prohibiting the entry into
any port of the State of any ship arriving from China, French
Indo-China, Borneo, or Siam, pending such enquiry or examina-
tion as may be prescribed in such rules. All such rules shall be
published in the Gazette, and shall have the force of law until the
publication of a notification cancelling the Proclamation.

6. The Resident may, in making any rules under the preceding
section, attach to the breach of any such rules a penalty, on con-
viction before a Magistrate, not exceeding $500, or imprisonment
of either kind not exceeding six months, or both.

This Order in Council shall have effect from the date of the
publication thereof in the Government Gazette.

Order in Council No. 12 of 1895.

ADOPTION OF CERTAIN ORDINANCES OF THE
STRAITS SETTLEMENTS.

As amended by Pk. 5 of 1897, 6 of 1900, 25 of 1904.

F. A. SwETTENHAM, [20th August, 1895.

British Resident. 30th August, 1895.]

Whereas it is expedient to adopt certain Ordinances now in Preamble.
force in the Colony of the Straits Settlements as law in and for the
State of Perak :

It is hereb}' enacted by His Highness the Sultan in Council, as
follows : —

1. The several Ordinances of the Colony of the Straits Settle- ordinances to
ments mentioned in the schedule to this Order in Council are be adopted.
hereby adopted as law in the State, provided that in construct-
ing such Ordinances they shall be read with such formal alterations

as to names, localities, offices, persons, and otherwise as may be
necessary to make the same applicable to the circumstances of
the State.

2. This Order in Council shall have effect from the date of the Date of
publication thereof in the Government Gazette. operationi

The Schedule.

Ordinance No. 6 of 1880, intituled " Prevention of Crimes,"
Sections 9, 11, 12, 13, 14, 18, 19, and 20.

615

Order in Council No. "2i) of 1895.
FllIVOLOUS CHARGES.

E. W. Birch, [IDth December, 1895.

Acting British Resident. 20th December, 1895.]

Preamble. Whereas it is expedient to make better provision to prevent the

institution of frivolous and vexatious charges against innocent
persons :

It is hereby enacted by His Highness the Sultan in Council,
as follows : —

1. This Order shall be called "The Frivolous Charges Order."

2. In every case in which any person shall be given in charge
to a jjolice officer, or in which any information or complaint of any
offence shall be laid or made before any Magistrate and shall not
be further prosecuted, or in which, if further prosecuted, it shall
appear to the Magistrate by whom the case shall be heard that
there was no sufficient ground for making the charge, the Magis-
trate shall have power to award such amends, n(5t exceeding $25,
to bo paid by the informer or complainant to the party informed
or complained against for his loss of time and expenses in the
matter, as to the Magistrate shall seem meet. Such amends shall
be recoverable in the manner provided for levying fines.

3. This Order shall come into force from the date of its publi-
cation in the Government Gazette.

616

Enactment No. 10 or 1901.

SECRETARY TO RESIDENT.

All Enactment to substitute in Enactments the title of
" Secretary to the Resident " for the title of " Secretary
to Government."

J. P. Rodger, [7th September, 1901.]

Acting British Resident.

Whereas by various Orders in Council, Regulations, and Enact- rreambie.
ments certain powers and duties have been conferred and imposed
upon the Secretary to Government, and whereas the title of " Secre-
tary to the Resident " has now been substituted for the title of
" Secretary to Government " :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as "The Secretary to the short title
Resident Enactment, 1901," and shall come into force upon the mencement.
l^ublication thereof in the Gazette.

2. Whenever in any Order in Council, Regulation, or Enactment -secretary to
in force at the commencement of this Enactment, either the expres- ^e'^retTinstead
sion "Secretary to Government," or the expression "Government of ■• secretary to
Secretary " occurs, the expression " Secretary to the Resident " °^^''"™'^'' •
shall be substituted therefor, and be read instead thereof.

617

Enactment No. 15 of 1901.

DECREPIT WARD FUND.

An Enactment to repeal and re-enact with an amendment
the " Decrepit Ward Fund Order in Council, 1895."

J. P. Rodger, [23rd December, 1901.

British Resident. 4th February, 1902.]

Whereas certain registration and other fees were assigned by
Government to a Committee of certain Government officials called
the Registration Fees Committee, for the purpose of aiding sick
and indigent Chinese ; and whereas the said Committee have
accumulated moneys and have become possessed of lands and
buildings for that object ; and whereas it is expedient to provide
by law for the better control, management, and supervision of the
said moneys, lands, and buildings :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as " The Decrepit Ward
Fund Enactment, 1901," and shall come into force on the publica-
tion thereof in the Gazette.

(ii) Upon the coming into force of this Enactment, the Enact-
ment specified in the schedule hereto shall be repealed to the
extent therein mentioned.

2. The said Registration Fees Committee shall in future be
called " The Decrepit Ward Fund," and shall be by that name a
body corporate with a perpetual succession and a common seal,
having a capacity to acquire, hold, and sell land, subject to the
provisions of this Enactment, and may by such name sue and be
sued.

3. The said body corporate shall consist of the officers respec-
tively acting for the time being as Secretary to the Resident, State
Surgeon, District Surgeon, Larut, Protector of Chinese and of the
Capitans, China, and such other persons as the Resident may from
time to time appoint to be members thereof.

4. All the property, movable and immovable, belonging to, held
by, or under the control of the said Registration Fees Committee,
shall be, and the same are hereby, vested in the said body corporate,
and shall be held by the said body corporate, subject to the trusts
and for the purposes in this Enactment prescribed.

618

DECREPIT WARD FUND (PERAK). 619

5. There shall be paid to the credit of the Fund the proceeds of
a weighing-charge of two cents per pikul on all tin and tin-ore
exported annually from the State, or the equivalent thereof.

6. All moneys belonging to, or accruing due to, the said body
corporate shall be deposited in the State Treasury to the credit
of the said body corporate,

7. The State Treasurer shall make payments of moneys belong-
ing to the said body corporate on vouchers signed by the Chair-
man and countersigned by the Secretary of the said body corporate.

8. Moneys belonging to the Fund may be invested at interest
by the body corporate in any manner and on any securities, subject
to the approval of the Resident. All investments shall be made
in the name of the said body corporate.

9. The Fund shall be exclusively devoted to the following
purposes : —

(a) To the erection and maintenance of a free hospital (to be
called the Decrepit Ward) for indigent Chinese who, by reason of
age or permanent physical disability, have become incapable of
earning their own livelihood ;

(b) To providing passages to China for such Chinese ;

{d) To any other charitable object in aid of Chinese which may
be approved by the Resident.

10. The said Decrepit Ward shall be under the medical charge
of the District Surgeon, Larut, who shall forward to the Secretary
an annual report dealing with all matters connected with the
Decrepit Ward.

11. The Secretary to the Resident shall be ex-officio Chairman,
and in case of his absence from any meeting of the corporate body,
a Chairman for the occasion shall be chosen by the members
present. The Protector of Chinese shall be ex-officio Secretary of
the said body corporate.

12. Meetings of the said body corporate shall be held at least
once in every three months, at a time and place of which due
notice shall be given to every member by the Secretary. At such
meetings three members shall form a quorum.

13. The Secretary shall keep the accounts of the Fund, which
shall be audited at regular intervals by the State Auditor. The
Secretary shall, for this purpose, retain all Treasury receipts and
duplicates, and counterfoils of all vouchers. The Secretary shall
also keep, in such form as may be required by the State Auditor
for audit purposes, any additional accounts, as he may be thereto
required by the State Auditor.

14. The Secretary shall submit to the Trustees and to the Resi-
dent an annual report upon the condition and administration of
the corporate property and funds.

620

DECREPIT WARD FUND (PERAK).

15. (i) It shall be lawful for the said corporate body to frame
from time to time by-laws for the conduct of the duties of the
various officers and servants emjiloyed in the said Decrepit Ward,
and for the reception, treatment, and discharge of the patients,
and as to their food, clothing, medicine, and otherwise generally
for the management of the said Decrepit Ward and the olliccrs
of the corporation.

(ii) All such by-laws shall be subject to the api:)roval of the
Resident, and, when so approved, shall be published in the Gazette,
and copies in English and Chinese languages posted in conspicuous
places in the hospital. Any person infringing any of the by-laws,
when so published and posted, shall be liable to a penalty not
exceeding SIO.

(iii) All by-laws made under the Enactment hereby repealed,
which arc in force at the coming into operation of this Enactment
and which are not inconsistent with any of its provisions, shall
remain in force until revoked or altered.

Schedule.
ENACTMENT REPEALED.

Number.

No. 5 of 1895 .

Short title.

The Decrepit Ward Fund
Order in Council, 1895 .

Extent of repeal.

The whole

Enactment No. 10 of 1902.

DISTRICT OFFICERS.

An Enactment to substitute in Enactments the title
of " District Officer '' for the title of " District
Magistrate.''

J. P. Rodger, C.M.G., [6th September, 1902.

British Resident. 1st January, 1903.]

Whereas by various Enactments certain powers and duties have Preamble.
been conferred and imposed upon District Magistrates, and whereas
the title of " District Officer " has now been substituted for the
title of " District Magistrate " :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as "The District Officers Short title
Enactment, 1902," and shall come into force upon the first day of mencTment.
January, 1903.

2. Whenever in any Enactment in force at the commencement "District

of this Enactment the expression "District Magistrate" occurs, Pealilnste^,!!!'^*'
the expression " District Officer " shall be substituted therefor, and ?r'-°J^*r'''.';

, J . , J ,1 , Magistrate."

be read instead thereof.

621

Enactment No. 18 of 1902.

Short title
and com-
mencement.

Fraudulent
possession of
property.

Second and
subsequent
convictions.

STOLEN PROPERTY.

An Enactment to provide for the suppression of dealings
in Stolen Property.

J. P. RODGEE, C.M.G.,
British Resident.

[22nd November, 1902.
20th December, 1902.]

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Stolen Property
Enactment, 1902," and shall come into force upon the publication
thereof in the Gazette.

2. (i) Whoever has in his possession or conveys in any manner
any thing which may be reasonably suspected of being stolen or
fraudulently obtained shall, if he fail to account satisfactorily how
he came by the same, be liable to a fine not exceeding $50, or to
imprisonment of either description for any term not exceeding
three months.

(ii) If any person charged with having or conveying anything
stolen or fraudulently obtained shall declare that he received the
same from some other person or that he was employed as a carrier,
agent, or servant to convey the same for some other person, the
Magistrate may cause every such other person and also, if necessary,
every former or pretended purchaser or other person through
whose possession the same shall have passed (provided that such
other person shall be alleged to have had possession of the same
within the jurisdiction of such Magistrate), to be brought before
him and examined and shall examine witnesses upon oath touching
the same ; and if it appear to such Magistrate that any person
so brought before him had possession of such thing and had reason-
able cause to believe the same to have been stolen or unlawfully
obtained, such person shall be liable to a fine not exceeding $50,
or to imprisonment of either description for any term not exceeding
three months.

(iii) The word " possession " in this section includes possession
in a house, building, ship, vessel, or other place as well as possession
in a street or public place.

3. Any person who having been convicted of an offence punish-
able under the preceding section or under Chapter XII or
Chapter XVII of the Penal Code is subsequently convicted of an
offence punishable under the preceding section shall be liable, if
such subsequent conviction is by a Court inferior to the Court of

622

STOLEN PROPERTY (pERAK). 623

the Senior Magistrate, to a fine not exceeding §200, or to imprison-
ment of either description for any term not exceeding six months
or, if such subsequent conviction is by the Court of the Senior
Magistrate, to a fine not exceeding $1,000, or to imprisonment of
either description for any term not exceeding two years.

4. (i) If information shall be given on oath to any Magistrate search under
that there is cause to suspect that any property which may be warrant,
reasonably suspected of being stolen or fraudulently obtained is
within any house, building, ship, vessel, or other place, then such
Magistrate may by warrant under his hand and the seal of the
Court directed to any police officer, cause such house, building,
ship, vessel, or other 2>lace to be entered and searched at any hour
of day or night.

(ii) The information mentioned in the preceding sub-section shall
describe the property which it is reasonably suspected has been
stolen or fraudulently obtained and shall also describe the house,
building, ship, vessel, or other place in which such property is
suspected to be.

(iii) If upon the making of the search any property such as that
described in the information shall be found in the house, building,
ship, vessel, or other place, then the police officer making the search
or some other police officer shall convey such property before a
Magistrate or guard the same on the spot or otherwise dispose thereof
in some place of safety.

(iv) The police officer making the search or some other police
officer shall also take into custody and carry before a Magistrate
every person in such house, building, ship, vessel, or other place in
whose possession or under whose control such property may be
found.

(v) The provisions of Sections 59 and 60 of the " Criminal Pro-
cedure Code, 1900," shall apply to searches made under this section.

Short title.

Power to
Kesident to
put Enact-
ment in force.

Penalties for not
carryina; a light
and for loiter-
ing abroad at
night.

Penalties for

carrying

dangerous

Powers of search
and arrest.

Enactment No. 2 of 1903.

As amended by Pcrak E. 2 of 1919.

PREVENTION OF CRIMES.

An Enactment to enable the Resident to employ special
means for the Prevention of Crime in particular
places within the State.

[24th January, 1903.]

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Prevention of Crimes
Enactment, 1903."

2. Whenever it appears to the Resident that it is exj)edient that
for the prevention of crime this Enactment should be put in force
in any part of the State, it shall be lawful for him by proclamation
to order that this Enactment shall be put in force in such district,
town, part of a town, or other place as may be defined in such
proclamation, and every such proclamation shall remain in force
until annulled by a subsequent proclamation.

3. In every place in which this Enactment is in force :

(i) Every person shall be guilty of an offence, and shall be liable,
on conviction, to a fine not exceeding $10, or to imprisonment for
a term not exceeding one month, or to both, who —

(a) Is found abroad between the hours of 9 p.m. and 5 a.m., not
carrjdng or being attended by a person carrying a lighted lantern
or other light sufficient to indicate his presence ;

(b) Is found loitering abroad or in the grounds or compound
attached to any dwelling-house (not being his own place of residence
or one which he has the permission of the owner or occuj)ier to
enter) between the hours aforesaid and is unable to give a satis-
factory account of himself.

(ii) Every person shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding $100, or to imprisonment for
a term not exceeding six months, or to both, who is found abroad
in possession of any gun, pistol, hanger, cutlass, kris, bludgeon, or
other offensive weapon without lawful excuse, the proof of which
excuse shall rest with such person.

(iii) It shall be lawful for any police officer — ■

(a) To search any person suspected of committing an offence
against the last sub-section.

624

PREVENTION OF CRIMES (PERAK). 625

{()) To arrest without warrant any jK-rson ollending against any
of the provisions of this Enactment.

(iv) It shall be lawful for any police officer, any officer appointed e. 2ofi9io.
under Section 3 of "The Customs liegulations Enactment, 1907," and
any person expressly authorized in that behalf in writing by the Chief
Police Officer, to search or cause to be searched any person, or any
building, place, ship, or boat, in order to ascertain whether there are
in the possession of such person or in such building, place, ship, or
boat any arms the possession whereof, except under license or permit,
is prohibited by " The Arms Enactment, 1915 " ; jwovided that no
female shall be searched except by a female.

3a. (i) In every place in which this Enactment is in force, all Power to

persons belonging to any nationality, race, tribe, or class which is for spprfnli

the time being subject to the provisions of this section shall, except as nationalities or

otherwise hereinafter provided, be liable to be arrested without warrant for purposes of

by any police officer, or by any person expressly authorized in that ®°'J""7-
behalf in writing by the Chief Police Officer, and to be detained in
custody for purposes of enquiry. Provided that —

(rt) the provisions of " The Criminal Procedure Code, 1902,"
relating to the release on bail of persons other than persons
accused of non-bailable offences shall be deemed to apply in
the case of any person detained under this section ; and

[b) persons arrested under this section against whom further
proceedings are not instituted within eight days from the
day of arrest shall be unconditionally released.

(ii) The Resident may by notification in the Gazette apply the pro-
visions of this section to any nationality, race, tribe, or class, to be
specified in the notification ; and all persons belonging to any nation-
ality, race, tribe, or class so specified shall, subject to such exceptions
{if any) as may be stated in the notification and to the provisions of
Section 4, be, so long as such notification remains in force, subject to
the provisions of this section. No notification under this sub -section
shall take effect until a date to be appointed therein which shall not be
less than fifteen days after the publication of the notificatio7i in the
Gazette, and any such notification may be varied or rescinded by
the Resident. Oyi the publication in the Gazette of any notification
under this sub-section the purport of the same shall be made known in
such other manner, if any, as the Resident directs.

(iii) Nothing in this section applies to any person who holds a
document containing —

(rt) his 7iame, occupation, and place of residence ;

(b) a photograj}h of him;

apparent age, bodily appearance, and height ;

(d) his finger impressions ; and

(e) a ivritten authority tinder the hand of a police officer not beloio

the rank of Inspector to pass ivithout hindrance,

and produces such document for inspection whenever so required by
any police officer or by any person expressly authorized in ivriting
by the Chief Police Officer to demand inspection of such documents.

r— 40

626

PREVENTION OF CRIMES (PERAK).

Power to
Chief I'olice
Ollicer to
exempt per-
sons from the
provisions of
this Enact-
ment.

Interpreta-
tion.

(iv) Documents such as are referred to in Subsection (iii) shall he
ohtainahle by approved applicants at police-stations, and no charge
shall be made therefor.

4. It shall be lawful for the Chief Police Oflicer by writing under
his hand to exempt any person residing in any place in which this
Enactment is in force from the provisions of this Enactment. He
shall report every such exemption without delay to the District
Officer and may at any time withdraw any such exemption, giving
immediate notice of such withdrawal to the j^erson affected thereby
and also to the District Officer.

6. The expression " Chief Police Officer " in the last preceding
section means the police officer of highest rank next after the
Commissioner available for duty at any time in the State.

Enactment No. 16 of 1905.

As amended by Pk. Ki of 1907, Pk. 1 of 1!I16, and Pk. 1 of 1919.

KRIAN IRRIGATION.

An Enactment for the establishment and regulation of
Irrigation Areas in the District of Krian.

E. W. Birch, [14th December, 1905.

British Resident. 29th December, 1905.]

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as "The Krian Irrigation short title,
Enactment, 1905," and shall come into force upon the publication "eXXand^"*'
thereof in the Gazette. '■^pea'-

(ii) This Enactment extends only to the district of Krian.

(iii) Upon the coming into force of this Enactment the Enactment
specified in the schedule hereto shall be repealed to the extent
mentioned in the third column of the said schedule ; but any
proclamation, rule, or water-rate duly made or imposed under the
Enactment hereby repealed and still in force shall be deemed to
have been duly made under this Enactment.

2. In this Enactment, unless the context otherwise requires : interpretation.
" Irrigation area " means any area which may from time to time

be defined by the Resident under the provisions of this Enactment ;

" Proprietor " means the holder of the title to any land irrigable
by any irrigation works and includes the cultivator or person in
actual possession of any such land ;

"Occupant" includes a person having the charge, management,
or control of any lands or premises.

3. It shall be lawful for the Resident, by proclamation for that Procianiation of
purpose to be published in the Gazette, to declare any lands within """sation areas.
the area affected by any irrigation works wholly or in part carried

out or sanctioned by the Government to be an irrigation area.
Such proclamation shall define the boundaries of such irrigation
area and may include any head works and main canals, and the
Resident maj^ from time to time in like manner vary or cancel such
proclamation.

4. It shall further be lawful for the Resident, by proclamation Nature of
for that purpose to be published in the Gazette, to declare in respect cultivation.
of any unalienated lands within an irrigation area that such lands

shall not be used for any industry, cultivation, or other purpose

G27

628

KllIAN IRRIGATION (pERAK).

j'k. It; of iyo7.

Collection of

water-rate.

Manasement
irrigation areas.

except such as may be in such piochiniation specified, and the
Resident may from time to time in lilce manner vary or cancel such
prochimation.

5. It shall be lawful for tlit Jiesident, with the approval of the
Resident-Coteral, by prodamalion for that purpose to be published
in the (jiazette, to classify the lands within any irriyation area and
to impose an annual water-rate upon such lands in accordance with
such classification, and the liesident may from time to time in like
manner vary or cancel such proclamation ; provided that no lands
shall be liable to any increased assessment within a period of five years
from the date of the last assessment unless they shall in the meantime
be used for some industry, cultivation, or jmrpose other than that for
which they ivere used at the time of such assessment arid involving
the use of a greater supply of water.

6. A water-rate imposed under the last preceding section shall
become payable as follows --that is to say,

(a) In the case of lands used for cultivation of rice, no rate shall

be payable in respect of any lands until irrigation water has
been available on such lands for a period sufficiently long to
allow a crop of padi to be planted and gathered : upon the
first day of January following the date when such a crop
has been or might have been gathered there shall be payable
to the Collector of Land Revenue of the district one half of
the rate imposed upon such lands, and tipon every first day
of January thereafter there shall be payable the full amount
of the rate imposed tipon such lands ;

(b) hi the case of lands used for any other industry, cultivation,

or purpose, the rate shall become payable on the first day of
January following the date at ivhich a water supply has been
available on such lands sufficient for the conduct of such
industry, cultivation, or other purpose, and thereafter on the
first of Jaiiuary of each succeeding year.

Provided that, where the full supply of water necessary to the purpose
to which the lands are applied has not been available, the Collector of
Land Revenue may reduce the amount so payable to such amount as
may seem to him to be just.

7. All sums due for water-rate under this Enactment shall be
collected, so far as the same may be practicable, in the manner
provided by law for the collection of land revenue.

8. The Resident shall from time to time appoint such officers as
he may consider necessary for the proper construction, management,
supervision, and maintenance of irrigation works, and every irriga-
tion area and the irrigation works therein shall be in the charge of
an irrigation engineer or such other officer as the Resident may
from time to time appoint. Such officer shall report to the Resident
annualty, and at such other times as the Resident may require,
upon the working of the areas in his charge, and shall in like manner
furnish accounts and estimates of the receipts on account of water-
rate, and of the expenditure on construction, management, super-
vision, and maintenance of the works in his charge.

KRIAN IRRIGATION (rERAK). 629

8a. Any irrigation engitieer or other officer appointed under BeiegaUonnf
Section 8 to have charge of an irrigalion area may from time to time S^um!*"'^
by writing under his hand, irith the approval of the Resident, authorize, i-k. i oi nui;.
subject to such limitations as he may think fit, any officer to exercise
any of the powers and perform any of the duties conferred and imposed
by this Enactment on the officer in charge of such area and may in
like manner and ivith the like approval ivithdraw any such authority.
Everything done in pursuance of authority granted under this section
shall have the same effect as if it were done by the officer in charge of
the irrigation area.

9. The officer in charge of an irrigation area may fill up or drain Fiiiins up
any canal, water-course, drain, ditch, pond, or swamp whether ° always.
within or without an irrigation area if it shall appear to him that

such canal, water-course, drain, ditch, pond, or swamp is injurious
to the irrigation works in his charge ; provided that in cases in
which the officer in charge of an irrigation area acting under this
section fills up or drains any canal, water-course, drain, ditch, pond,
or swamp without such area, he shall pay to the proprietor thereof,
if any, reasonable compensation for the same ; and if the parties
fail to agree as to the amount so payable the question shall be
referred to the Resident, whose decision thereon shall be final.

10. The officer in charge of an irrigation area may by notice in Eemovaiof
writing require the proprietor or occupant of any lands within such "^"^^
area to clear the banks or sides of any irrigation works on such

lands from any trees or plants growing thereon or to remove from
any lands adjoining any irrigation works any growth or refuse
likely to damage such works or to harbour rats or other vermin.
Such notice shall require the proprietor or occupant to take the
necessary action within a certain fixed time, which shall not be
less than 14 days from the date of the service of the notice, and
if default is made in .complying with the provisions of such notice
the officer in charge may cause such action to be taken as is required
by the notice and may recover the cost of so doing from the said
])roprietor or occupant by action in any civil court of competent
jurisdiction. In cases in which the officer in charge of an irriga-
tion area acting under this section requires the destruction of
valuable trees or plants he shall paj^ to the proprietor reasonable
compensation for the same ; and if the parties fail to agree as to
the amount so payable the question shall be referred to the Resident,
whose decision thereon shall be final.

11. The officer in charge of an irrigation area may refuse to allow Power to with-
water to be supphed or taken for the irrigation of lands in respect ^°^^ '^''^^^•
of which the water-rate is in arrears, or for the irrigation of lands

which are not properly provided with banks or batas for the reten-
tion of water, or for the irrigation of lands the proprietors or
occupants of which have been convicted of an offence under this
Enactment ; and the water-rate payable upon such lands shall be
payable notwithstanding such refusal.

12. In any case in which damage is done to any irrigation works cama^e to

7. • T . • • 1 1 • 1 1 j.1. A. £ irrigation work

by fire origmating on adjomnig or neighbourmg lands the cost oi by fire.
repairing such damage may be recovered from the proprietor or
occupant of such lands by the officer in charge of such works by

630

KRIAN IRRIGATION (pERAK).

Obstruction or
damage.

Waste or
abstraction
ol water.

Further penalty
for wasting
water.

Compulsory
provision of
batas.

Pk. 1 of 191'J.

Refusal to allow
passage of
water.

suit ill any c-oiupetent civil court. In .such suits it shall not be
necessary to prove the negligence of the defendant nor shall it be
a defence that the fire was the result of accident.

13. Any person who shall wilfully or maliciously block up or
obstruct or cause to be in any way blocked up or obstructed, or
who shall encroach on any irrigation tank, channel, or water-course,
or who shall breach or cut through the banks or sides of the same
shall be liable on conviction to rigorous imprisonment which may
extend to six months or to fine which may extend to one hundred
dollars or to both.

14. Any person Avho shall wilfully cause waste of water conserved
by any irrigation works, or who not being entitled to the use of
such water shall wrongfully draw off or convert to his own use any
such water, shall be liable on conviction to rigorous imprisonment
which may extend to six months or to fine which may extend to
one hundred dollars or to both.

15. If the proprietor or occupant of any land irrigated by any
irrigation works shall suffer or permit water obtained from such
works or from any water-course or channel connected therewith to
run to waste on his land, or shall obtain water for such land from
such works, water-course, or channel in a manner not authorized
by the officer in charge of such works, such proprietor or occupant
shall, in addition to any other punishment, penalty, or liability
which he may incur or be liable to under this Enactment, be liable
on conviction to pay double the rate for the time being assessed
under Section 5 of this Enactment for every year or portion of any
year in which he has so suffered or permitted such water to
run to waste or has obtained it in an unauthorized manner, and
such double water-rate shall be recovered in manner provided by
Section 7 hereof.

16. (i) The officer in charge of an irrigation area may by yiotice
in writing under his hand require the proprietor or occupant of any
land within such area to provide, either individually or jointly with
other proprietors or occupants, proper hanks or batas for the retention
of water ; provided that no person shall be required under this section
to provide banks or batas which will not serve to retain water on land
whereof he is the proprietor or occupant.

(ii) Such notice shall require the proprietor or occupant to take
the necessary action ivithin a stated time, which shall not be less than
fifteen days from the date of the service of the notice.

(iii) // default is made in complying with the provisions of the
notice, the officer in charge of such area may cause such action to be
taken as is required by the notice and may thereafter certify under his
hand the cost thereof, and thereupon the amount so certified shall be
recoverable from the person by ivhom default was made as aforesaid
in the manner provided by Part VI of " The Land Enactment, 1911,"
for the recovery of rent.

17. Any proprietor, occupant, or other person who shall refuse
to allow the passage of irrigation water over his land to other land
or who shall obstruct such passage shall be liable on conviction to

unauthorized
waterways.

KRIAN IRRIGATION (pERAK). 631

rigorous imprisonment which may extend to three months or to
fine which may extend to fifty dollars or to both.

18. Any person who shall construct any canal, water-course, construction of
drain, ditch, or pond within any irrigation area without having
previously obtained the consent thereto in writing of the officer in
charge of such area shall be liable on conviction to rigorous im-
prisonment which may extend to six months or to fine which may

extend to one hundred dollars or to both.

19. Any person who shall allow any animal to stray upon the Allowing
banks or sides of any irrigation works shall be liable on conviction stniy*'^*°
to rigorous imprisonment which may extend to three months or

to fine which may extend to fifty dollars or to botl).

20. Any person who shall drive, draw, or push or cause to be unauthorized
driven, drawn, or pushed any vehicle along the banks or sides of

any irrigation canal or water-course without having previously
obtained the consent thereto in writing of the officer in charge of
such works shall be liable on conviction to rigorous imprisonment
which may extend to three months or to fine which may extend to
fifty dollars or to both.

21. Any person who shall bathe or wash articles in or otherwise Pollution of
pollute or cause to be polluted any irrigation tank, channel, or water-
course shall on conviction be liable to rigorous imprisonment which

may extend to three months or to fine which may extend to fifty
dollars or to both.

22. Any person who shall, without authority from the officer in Tamrering with
charge of an irrigation area, open or close or otherwise tamper with "^oSa'""
any sluices, water gates, regulators, pipes, or other parts of the
irrigation works within such area shall on conviction be liable to
rigorous imprisonment which may extend to six months or to fine

which may extend to one hundred dollars or to both,

23. The Resident, with the approval of the Resident-General, Power to make
may from time to time by notification in the Gazette, make rules for ™^*'

the encouragement and extension of cultivation and for the enforce-
ment of ancient customs within irrigation areas and for any other
purposes consistent with the provisions of this Enactment.

24. Any notice issued under the ^provisions of this Enactment may service of
he served in the manyier prescribed for the service of notices under
" The Land Enactment, 1911."

The Schedule.
ENACTMENT REPEALED.

notices.

Pk. 1 of 1919.

Number.

No. 14 of 1899

Short title.

The Irrigation Areas En-
actment, 1899

Extent of repeal.

The whole in so far
as it is applicable
to the district of
Krian.

Enactment No. 3 of iU15.

As amended by Tk. 2 of 1918.

RIVER RIGHTS.

An Enactment to declare certain rights of tlie Ruler of
the State in respect of the River Perak and to
repeal and re-enact an Order in Council.

R. G. Watson,

British Resident.

[6th January,
11th February,

1916.
1916.

Whereas from time immemorial there has apisertaiiicd to the
Ruler for the time being of the Htate the sole and exclusive right
of collecting turtles' eggs and of fishing within and over certain
reaches of the River Perak :

And whereas it is expedient that the said right should be expressly
declared and confirmed and that certain provisions of an Order
made by His Highness the Sultan in Council on the 11th day of
July, 1888, for the preservation of river turtles should be repealed
and re-enacted :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

Short title, 1. (i) This Enactment may be cited as "The River Rights

anrt'rcpeai!'°" ' Enactment, 1915," and shall come into force on the publication
thereof in the Gazette.

(ii) Upon the coming into force of this Enactment the Order in
Council specified in the first schedule shall be repealed.

2. In this Enactment " turtle " means any reptile of the genera
Orlitia, Callagur, Batagur, or Hardella.

3. (i) The sole and exclusive right to take turtles' eggs within
the area specified in the second schedule and to fish within the area
specified in the third schedule is hereby declared to be vested in the
Ruler of the State.

(ii) Any person who shall infringe, or attempt to infringe, the
right declared by sub-section (i) shall be liable to a fine not exceeding
one hundred dollars,

4. (i) No person shall during the period from and including the
first day of the month Moharram to and including the last day of
the month Jemad Alawal in any year lay or set, or attempt to
lay or set, or maintain within the area specified in the second

632

Interpretation,

Eights of tlie
Euler.

Prohibition of

certain traps
during live
montiis of the
rear.

RIVER RIGHTS (PERAK). 633

schedule any trap of the kind known as " bubu jatoh " or of the
kind known as " peitgilu."

(ii) Any person wlio shall contravene the provisions of sub-
section (i) shall be liable to a line not exceeding five dollars for
every trap in respect whereof such contravention shall have been
committed ; and every trap found to have been laid or set, or
attempted to be laid or set, or maintained in contravention of the
provisions of sub-section (i) may be removed and shall be forfeited.

5. (i) No person shall at any time, without the express permission proiiibition of
(jf the Ruler of the State, kill any turtle within the area specified turtfcs'"'" "^
in the second schedule.

(ii) Any person who shall contravene the provisions of sub-section
(i) shall be liable to a fine not exceeding one hundred dollars.

First Schedule.

Order of His Highness the Sultan in Council dated Uth July,
1888, relating to the Preservation of River Turtles.

Second Schedule.

The area between the banks of the River Perak from an imaginary line pk. 2 of m".
drawn between the points in the district of Lower Perak, kuoivn
respectively as Tanjong Bras Basah and Tanjong Kupang, vp to the
point on the River Perak ivhere the district of Kuala Kangsar adjoins
the district of Upper Perak.

Third Schedule.

The area of the backwaters of the River Perak in the mukims of
Bota and Lambor Kanan known as " Ayer Mati."

Enactment No. 2 of 1916.

As amended by Fk. E. 1 of 1920.

SCHOOL ATTENDANCE.

An Enactment to provide for the Compulsory Attendance
of Malay Children at Government Vernacular
Schools.

R. G. Watson,

British Resident.

[30th October, 1916.
10th November, 1916.]

Short title anil
commence-
ment.

Notice to
compel
attendance
of children at
school.

It is hereby enacted by His Highness the Sultan of Perak in
Council as follows :

1. This Enactment may be cited as " The School Attendance
Enactment, 1916," and shall come into force on the publication
thereof in the Gazette.

2. (i) From and after the commencement of this Enactment it
shall be lawful for the Inspector of Schools or for the Assistant
Inspector of Schools to cause a notice to be served on the parent or
person having the actual custody of any male Malay child between
the ages of seven and fourteen years requiring such child to attend
the Government vernacular school specified in the notice, and on
receipt of such notice such parent or person shall be lawfully re-
sponsible for the regular attendance of such child at the school
specified.

(ii) " Regular attendance " shall mean attendance throughout
the hours for which the school is open for the attendance of pupils
for not less than fifty per centum of the school days in any calendar
month.

3. (i) No child shall be compelled to attend any school which
shall be distant more than two miles from his usual place of residence
measured according to the nearest road or path.

(ii) No child who has passed the highest standard in any Govern-
ment vernacular school shall be compelled to attend any school.

Penalty. 4. Any pcrsou lawfully responsible for the attendance at school of

Pk. E. 1 of 1920. any child shall on proof before the Court of a Magistrate or of a
Penghulu that such child has not attended school on at least fifty
per centum of the school days in any calendar month and in the
absence of any reasonable excuse for such non-attendance be liable
to a fine not exceeding five dollars or in default of payment to simple
imprisonment for a term not exceeding fourteen days.

631

" Regular
attendance."

Exemptions.

Enactment No. 2 of 1917.

SULTAN IDIUS ESTATE.

An Enactment to provide for the appointment of a
Trustee to administer -the Estate of His late Highness
Sir Idris Mersid-el-Aazam Shah, formerly Sultan of
Perak.

W. George Maxwell, [19th April, 1917.

Acting British Resident. 1st May, 1917.]

Whereas His late Highness Sir Idris Mersid-el-Aazam Shah,
formerly Sultan of Perak, died possessed of certain lands situate in
the State of Perak and more particularly described in the first
schedule hereto :

And whereas it is expedient that a Trustee should be appointed
to administer the said lands pending the final distribution of the
Estate of His late Highness :

It is hereby enacted by His Highness the Sultan in Council as
follows :

1. This Enactment may be cited as "The Sultan Idris Estate short title and
Enactment, 1917," and shall come into force upon the publication '=°'""ie"'^em<="t-
thereof in the Gazette.

2. In this Enactment interpretation.

" the Trustee " means the person from time to time appointed
under this Enactment to be the Trustee of the Sultan Idris
Estate ; and

" the trust-property " means the lands specified in the first
schedule hereto and includes all other property, whether
movable or immovable, for the time being vested in the
Trustee as such.

3. (i) His Highness the Sultan and the Resident, with the consent Appointment
of the Chief Secretary to Government, may, by notification in the "^ '•'■^"s*^®-
Gazette, appoint a fit and proper person to be " The Trustee of the

Sultan Idris Estate," and the person so appointed shall perform
the duties imposed on the Trustee by this Enactment.

(ii) His Highness the Sultan and the Resident, with the consent
of the Chief Secretary to Government, may at any time in like
manner revoke any appointment made under this section.

4. The Trustee shall, if the Resident so directs, furnish security Trustee may be
for the due and faithful discharge of his duties. Such security shall security. *° ^'^*

635

636

SULTAN IDRIS ESTATE (TERAK).

Transfer of
laiulR to
Truslcc.

Trustee may
sue and he sued.

bi' in such lonu and in sikIi amount us tiu- llcsidcnt luay from time to
time prescribe.

5. As soon as conveniently may be after the Trustee shall iiave
been appointed, the administrators of the estate of His late Highness
Sir Idris Mersid-el-Aiizam 8hah, formerly Sultan of Pc^rak, shall,
notwithstanding anything contained in " The Probate and Admin-
istration Enactment, 1904," or in any other law for the tim(i being
in force in the State, execute all such instruments of transfer and
other instruments and do all such things as may be necessary for the
l)urpose of transferring to the Trustee the lands sjx^cified in the first
schedule hereto, and the Registrars of the registration districts and
the Collectors of the districts, as the case may be, in which the said
lands are situate, shall, each in respect of the lands situate in his
district, register such instruments in the manner prescribed by law
in that behalf and make such entries in the registers in their custody
as will effectually vest the said lands in the Trustee, and thereafter
the Trustee, for the purpose of any registered dealings with any of
the said lands, shall, subject to the provisions of this Enactment and
of any Enactment for the time being in force providing for the
registration of title to land, be deemed to be the absolute owner or
proprietor thereof.

6. The Trustee may sue and be sued in all Courts and in all manner
of suits and proceedings : provided that, except with the previous
sanction of the Resident in writing, no suit or other proceeding
against the Trustee in respect of any breach of trust alleged to have
been committed by the Trustee shall be commenced or maintained
in any Court.

7. (i) The Trustee shall manage or superintend the management
of the lands for the time being vested in him with full power to erect,
pull down, rebuild, and repair houses and other buildings, to drain or
otherwise improve the said lands or any part thereof, to insure
against loss by fire, to create and determine tenancies, and generally
to deal with the said lands in a proper and due course of management ;
and in particular the Trustee shall have power —

(a) in the case of agricultural lands, to cultivate the same in the
manner in which the same have usually been cultivated,
and for that purpose to enter into all such contracts and to
do all such things which it is customary for the manager of
a plantation to enter into and to do, and
{b) in the case of mining lands, to lease any land upon terms
which may include the payment of tribute by the lessee :
provided that nothing in this section shall be deemed to empower the
Trustee to engage in mining operations.

(ii) The Trustee shall from time to time pay out of the income
derived from the trust-property all expenses properly incurred in
the management of, or otherwise in relation to, the said property.

Trustee may 8. The Trustce may from time to time employ all such managers,

employ agents, agcuts, and scrvauts as may be necessary to enable him fully and

effectually to perform and exercise the duties imposed and the powers

conferred on him by this Enactment, and may pay to them such

Trustee's
powers of
manairement.

SULTAN IDRIS ESTATE (PERAK). 637

salaries as he may think iit out of the income derived from the
trust-property,

9. The Trustee may, if he thinks fit, accept any composition or Trustee may
.any security for any debt or for any property claimed and allow '^°'"i'"'"'*^-
time for the payment of any debt, and may compromise, compound,
abandon, submit to arbitration, or otherwise settle any debt, account,

claim, or thing whatever relating to the trust-property or the manage-
ment thereof, and for any of these purposes may enter into, give,
execute, and do such agreements, instruments of composition or
arrangement, releases, and other things as to him seem expedient,
without being responsible for any loss occasioned by any act or
thing so done by him in good faith.

10. The Trustee shall not, without the written assent both of the Restriction on
Ruler of the State and of the Resident first obtained, sell, transfer, S'^'' ""■"''
mortgage, charge, or otherwise encumber any part of the lands vested

in him nor, Avithout such written assent as aforesaid, lease or
otherwise dispose of any part of the said lands for any period
exceeding three years. Every attempt to sell, transfer, mortgage,
charge, encumber, lease, or dispose of the said lands or any part
thereof in contravention of the provisions of this section shall be
null and void and of no effect.

11. The Trustee may from time to time appropriate out of the Eomuneration
income derived from the trust-property and retain for his own use °^ trustee.
such sums of money as the Resident, with the approval of the

Chief Secretary to Government, may from time to time appoint to
be the remuneration of the Trustee.

12. (i) After provision shall have been made for the payment of Distribution of
all expenses properly incurred in the management of, or otherwise in '"'^°"®-
relation to, the trust-property, the Trustee shall from time to time
distribute the residue of the income of the said property among

the several persons whose names are set out in the second schedule
hereto, according to the rules of Muhammadan law.

(ii) Upon the death of any person whose name is set out in the
second schedule hereto, such part of the income of the trust-property
as would from time to time be payable to such person if he were
living shall become payable to the heirs of such person, according
to the rules of Muhammadan law.

13. No right conferred by Section 12 upon any person toparticipate Rights of

in the income of the trust-property shall be assignable or trans- not a^l^nabie.
ferable or liable to be attached or levied upon for or in respect of
any debt or claim whatsoever.

14. (i) The Trustee shall keep clear and accurate accounts of the Trastee to keep
trust-property and shall in the months of January and July in every accounts.
year exhibit in the office of the Secretary to Resident at Taiping

an account of the said property made up to the last day of the
preceding month and shewing the assets which have come into his
hands and the manner in which the same have been applied or
disposed of.

638

SULTAN IDRIS ESTATE (pERAK).

Directions of
the Iluler of
the State in
Couniil.

Indemnity of
Trustee.

(ii) Tlu! Trustee shall at all times furnish lo the Resident, if so
requested, full and aeeurati^ information as t(j the trust-property and
as to all matters relating to the management thereof.

15. The Iluler of the State in Council may from time to time
give directions respecting the management of, or otherwise in respect
of, the trust-])roj)erty. Ev(u-y such direction shall be evidenced in
writing under tlu^ hand of the Resident and shall ])<■; acted upon l)y
the Trustee as though the same had been included in this Enact-
ment.

16. The Trustee shall be answerable and accountable only for his
own acts, receipts, neglects, or defaults, and not ior those of any
banker, broker, or other person with whom any moneys or securities
which have come into his hands as such Trustee shall have been de-
posited nor for any other loss unless the same shall have happened
through his own wilful default.

The First ScHEDtrLE.

AGRICULTURAL TITLES.

Kuala Kangsar District.

Grant Nos. 1,943, 1,418, 1,419, 11,984, 12,164
Mukim Register Nos. 3,167, 4,523

Mukim.
Saiong

Krian District.

Mukim Register No. 1,471a

,,896

Nos. 182, 304, 268, 287, 188,
347, 180, 18,5 . .
897, 410, 417 . .
646, 633, 634, 636, 635,

593

907, 906, 894 . .
695, 649, 145, 242
6,204, 1,481, 1,493, 1,495,
1,496, 1,497, 1,501, 4,999
623, 950, 952, 604
5,601, 5,639, 5,637, 5,636,
5,635, 5,634, 5,633, 5,632,
5,638, 5,631, 5,630, 5,629,
5,628, 5,603, 5,602, 5,600,
5,599, 5,598, 5,597, 5,596,
5,595, 5,594, 5,593, 5,592,
5,591,5,590,5,589,5,588,

1,473

Certificate of Title No. 68

Nos. 1,044, 386
„ 948, 1,485

Bagan Serai
Bagan Tiang

Tanjong Piandang
Bagan Tiang

Tanjong Piandang
Bagan Tiang
Tanjong Piandang

Bagan Serai
Tanjong Piandang

Bagan Serai
Bagan Tiang
Parit Buntar
Bagan Tiang

SULTAN IDRIS ESTATE (PERAK).

639

TOWN TITLES.

Ipoh Town.
Town Leases Nos. 082, G83.
Girant Nos. 3,552, 3,553, 3,554, 3,555, 3,556, 3,557, 3,558, 3,559,

3,560, 3,561, 3,562, 3,563, 2,702, 2,703, 2,704, 2,705, 5,720,

5,721, 5,722, 5,723, 5,724, 5,725.
Certificate of Title Nos. 2,101, 2,100, 2,099.

Kampar Town.
Grant Nos. 6,264, 6,272, 6,299, 6,279, 6285, 6,283, 6,292, 6,290,
6,271, 6,280, 6,289, 6,291, 6,284, 6,301, 6,302, 6,266, 6,296,

6,298, 6,267, 6,274, 6,276, 6,273, 6,277, 6,269,

6,287, 6.286, 6,268, 6,282, 6,281, 6,275, 6,261,

2,295, 2,296, 2,297, 2,228, 2,229, 2,231, 2.230,

2,236, 2,237, 2,238, 1,133, 1,132, 6,294, 6,295,
6,293, 6,263, 6,265, 6,278.

Town Leases Nos. 1,235, 1,245, 1,246, 1,247, 1,248.

6,270, 6,300,

6,288, 2,294,

2,232, 2,233,

6,262, 6,297,

Kuala Kangsar Town.
Grant Nos. 973, 729, 731, 730, 972, 974, 975, 976, 977, 978, 979,
982, 983, 984, 980, 985, 755, 117, 287, 691, 690, 689, 981,
986, 740, 804, 739, 741, 625, 624, 600, 601, 602, 603.

MINING TITLES.
Kuala Kangsar District.

Mining Lease No. 593 . .

„ Leases Nos. 689, 688, 687, 686, 685, 684
683,682,681,690
„ 761

1789

Lease No. i 790

Leases Nos. J 747, h 746

„ 1808,1798

^797

Mukim.
Senggang

Blanja

Pulau Kamiri
Chegar Galah
Pulau Kamiri

Senggang

KiNTA District.

Mining Leases Nos. | 8,038, i 5,812, 8,803
„ 1 5,419, 1 6,007 . .

Lease No. ^ 5,428

„ Leases Nos.' 8,176, 6,453, 1 5.672, 1 5,148,
1 5,210, 1 5,556, 1 6,534,
8,548, 1 8, 345, i 8,307
„ 8,135, 6,042, 3,036, i 4,384,
3,037, 3,039, 3,035, 4,865,
2,143, 3,038, 3,040, 3,846,
3,847, 3,034, 4,323, 4,321,
4,318, 4,317, 4,320, 4,319,
4,067, 4,068, 4,069, 4,324,
4,322, 5,963, 4,334, 7,287,
8,225, 8,226, 3,854, 3,852,
8,259, 3,857, 6,043, 6,044,

6,045

Mining Certificate No. 35/98

Blanja
Sungei Raia
Teja

Ulu Kinta

Kampar

640 SULTAN IDRIS ESTATE (pERAK).

Batano I*ai)ano District.
Mining Lease No. 2,101 .. .. .. .. liidur

Tub Second Schedule.

SONS.

H.H. Abdul Jalil Makhtaram Shah ibni Almerhum Sultan Idris.
Raja Alang Iskander Raja Bcndahara ibni Almerhum Sultan Idris.
Raja Harun Al Rashid ibni Almerhum Sultan Idris.
Raja Abdul Rashid ibni Almerhum Sultan Idris.
Raja Haji Shueib ibni Almerhum Sultan Idris.
Raja Shahrudin ibni Almerhum Sultan Idris.

DAUGHTERS.

Raja Ngah Halimah binti Almerhum Sultan Idris.
Raja Puteh Mahiah binti Almerhum Sultan Idris.
Raja Puteh Kulsom binti Almerhum Sultan Idris.
Raja Badariah binti Almerhum Sultan Idris.
Raja Halijah binti Almerhum Sultan Idris.
Raja Arbiah binti Almerhum Sultan Idris.
Raja Patimah binti Almerhum Sultan Idris.

WIDOWS.

Raja Perampuan Aishah binti Almerhum Sultan Yusuf.
Raja Permeisuri Uteh Mariah binti Haji Sleman.

Enactment No. 3 of 1917.

As amended by Pk. 3 of 1918.

SULTAN IDRIS RELIGIOUS AND CHARITABLE

TRUST.

An Enactment to provide for vesting in Trustees for special
religious and charitable purposes certain property
forming part of the Estate of His late Highness
Sir Idris Mersid-el-Aazam Shah, formerly Sultan of
Perak, and to prescribe the objects of the Trust and
the powers and duties of the Trustees.

R. G. Watson, [28th November, 1917.

British Resident. 7th December, 1917.]

Whereas His late Highness Sir Idris Mersid-el-Ailzam Shah, Preamble.
formerly Sultan of Perak, died possessed of various properties
in the State of Perak, including the lands situate in the township of
Kuala Kangsar which are held under the titles enumerated in the
schedule hereto :

And whereas His said late Highness died intestate and the
said lands are now vested in the persons to Avhom administration
of his estate was granted by the Court under " The Probate and
Administration Enactment, 1904," hereinafter called " the Ad-
ministrators " :

And whereas it is the desire of His Highness Sir Abdul Jalil
Nasruddin Makhtaram Shah, Sultan of Perak, and other the heirs of
His said late Highness that the said lands should be vested in Trustees
empowered to duly administer the same and to devote the income
arising therefrom to the religious and charitable purposes herein-
after specified :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Sultan Idris Religious short title and
and Charitable Trust Enactment, 1917," and shall come into force

on the publication thereof in the Gazette.

2. (i) His Highness the Sultan and the Resident, with the consent Appointment
of the Chief Secretary to Government, may from time to time by ° "^^ ^^^'
notification in the Gazette appoint, by name or office, fit and proper
persons to be Trustees under this Enactment, either as original
Trustees or additional Trustees or in substitution for Trustees dying

or ceasing under the provisions of this Enactment to be Trustees,
1—41 641

642

RELIGIOUS AND CHARITABLE TRUST (PERAK).

Transfer of
lands to
Trustees.

Trustees'
powers of
management.

Restrictions on
dealings.

Restrictions on
disbursements.

but so that not more than three persons shall be appointed to be at
one and the same time Trustees under tliis Enactment.

(ii) The persons who are for the time being Trustcses under this
Enactment shall be called " the Trustees of the Sultan Idris Religious
and Charitable Trust " and are hereinafter referred to as " the
Trustees."

3. (i) As soon as conveniently may be after the appointment of
Trustees under Section 2 the Administrators shall, notwithstanding
anything contained in " The Probate and Administration Enact-
ment, 1904," or in any other law for the time being in force in the
State, execute all such instruments of transfer and other instruments
and do all such things as may be necessary for the purpose of trans-
ferring to the Trustees the lands held under the titles specified in the
schedule hereto, and the Registrar of Titles having the custody of
the register wherein the said titles are registered shall register such
instruments in the manner prescribed by law in that behalf, and
thereafter the Trustees shall hold the said lands subject to the
provisions of this Enactment and for the purposes therein specified.

(ii) In respect of the registration by the Registrar of Titles of the
instruments of transfer in sub-section (i) referred to, Section 10 of
" The Registration of Titles Enactment, 1911," shall be read as if for
the words " as Trustees " therein contained were substituted the
Avords " as Trustees of the Sultan Idris Religious and Charitable
Trust."

4. The Trustees shall in their discretion and subject to the
provisions of this Enactment administer and manage the said lands
to the best advantage with a view to keeping the same and the houses
and buildings for the time being thereon in good order and repair
and to deriving income therefrom and may pull down, re-build, and
repair houses and buildings on the said lands, insure against loss by
fire, create and determine tenancies, collect and receive all rents and
profits accruing due in respect of such tenancies or otherwise in
respect of the said lands, and generally deal with the said lands in
a proper and due course of management.

5. (i) The Trustees shall not, without the leave of the Supreme
Court first obtained, sell, transfer, mortgage, charge, or otherwise
encumber any part of the said lands nor, without such leave as
aforesaid, lease or otherwise dispose of any part of the said lands for
any period exceeding one year.

(ii) Every attempt to sell, transfer, mortgage, charge, encumber,
lease, or dispose of the said lands or any part thereof in contravention
of the provisions of sub-section (i) shall be null and void and of no
effect.

(iii) The disposal of the proceeds of any sale, transfer, mortgage,
or encumbrance effected in pursuance of such leave as is prescribed
by sub-section (i) shall be subject to the approval of the Supreme
Court.

6. (i) The Resident may from time to time by notification in
the Gazette direct that moneys controlled by the Trustees under the
provisions of this Enactment shall not be disbursed except under the

RELIGIOUS AND CHARITABLE TRUST (pERAK). 643

written authority of such one or more of the Trustees as may be
specified in that behalf in the notification, and such direction shall,
until the same be revoked, have the same effect as if it were included
in this Enactment.

(ii) The Resident may at any time by notification in the Oazette
revoke any direction published under sub-section (i).

7. (i) It shall be the duty of the Trustees to devote the income Duties of
and profits arising from the said lands and all other moneys coming ^™^*'^^'-
to their hands as Trustees of the Sultan Idris Religious and
Charitable Trust to the following purposes, that is to say —

(a) the payment of all rent and taxes accruing due from time

to time in respect of the said lands and of all expenses
properly incurred in the management of, or otherwise in
relation to, the said lands or in the execution of the
provisions of this Enactment ;

(b) the maintenance of the mosque known as the Rizwaniah

mosque, situate in the township of Kuala Kangsar, in-
cluding the purchase of carpets, lamps, and other proper
appurtenances therefor at a cost for such purchase not
exceeding in all one thousand dollars and the payment
of salaries of the officials of the said mosque and of servants
employed in connection therewith and the purchase of
oil and other accessories required for the service of the
said mosque at a cost for such salaries and purchases
not exceeding one thousand dollars per annum ;

of His said late Highness, situate at Bukit Chandan,
including remuneration of Koran Readers and Caretakers
and expenditure on weekly religious feasts and on pur-
chase of oil and other accessories required for the service
of the said Makam Rahmatullah at a cost for such re-
muneration and expenditure not exceeding seven hundred
and fifty dollars per annum ; and

{d) the maintenance of the school known as the Madarsah
Idrisiah, situate at Bukit Chandan, including the purchase
of furniture therefor and including also annual expenditure
on salaries, allowances, and incidental requirements not
exceeding four thousand two hundred and sixty dollars,
distributed as follows :

salaries of instructors, not exceeding .. .. §1,560

,, servants ,, ,, , . , . 780

purchase of oil and other accessories, not

exceeding . . . . . , , . . . 240

allowances to pupils, not exceeding . . 1,680

(ii) It shall be the duty of the Trustees to cause religious services
to be duly performed at the said Rizwaniah mosque, and to cause the
Koran to be duly read and the weekly religious feasts to be duly
held at the said Makam Rahmatullah and to cause instruction in
the tenets of the Muhammadan religion to be duly given at the
said Madarsah Idrisiah.

644 RELIGIOUS AND CHARITABLE TRUST (PERAK).

Disposal of
surplus Income.

Discharge aud
emoval of
Trustees.

Death of
Trustee.

Record of
change in
registered
interests.

Accounts and
audit.

8. If and so often as the income and profits arising from the said
lands or otherwise coming to the hands of the Trustees as such shall
exceed the amount re{[uired for the due exerci.se and execution of
the powers and duties conferred and imposed upon the Trustees
bv the preceding provisions of this Enactment, the Trustees may-
invest the surplus in such manner, or dispose thereof for the estab-
lishment, support, or furtherance within the Administrative District
of Kuala Kangsar of such religious or charitable institutions or
purposes connected with the Muhammadan religion, as the Supreme
Court may approve.

9. The Supreme Court may on such terms as it thinks fit discharge
or remove from his position as Trustee under this Enactment any
person who applies for such discharge or who refuses or becomes
incapable or unfit to act as such Trustee or misconducts himself
in any manner,

10. The powers and duties conferred and imposed by this Enact-
ment on the Trustees shall not be affected by the death, discharge,
or removal of any Trustee.

11. (i) Upon production to the Registrar of Titles having custody
of the register wherein the titles to the said lands are registered of

(a) an order under the seal of the Supreme Court discharging

or removing from his position as a Trustee of the Sultan
Idris Religious and Charitable Trust any person registered
in the said register as joint proprietor, with other such
Trustees, of the said lands or any of them ;

(b) a certificate under the hand and official seal of the Resident

that any person so registered as aforesaid has died, or

that any person has been appointed under this Enactment
to be a Trustee of the Sultan Idris Religious and
Charitable Trust ;

the Registrar shall make in the register such entry as may be
necessary to record the cessation of the interest as such Trustee of
the person so discharged, removed, or deceased or the acquirement
of an interest as such Trustee by the person so appointed, as the case
may be, in all lands appearing by the said register to be the property
of, or to be leased to, the Trustees of the Sultan Idris Religious
and Charitable Trust, and shall file the said order or certificate.

(ii) No fee shall be payable in respect of anything done in
pursuance of the provisions of this section.

12. (i) The Trustees shall keep clear and accurate accounts of
the income and profits arising from the said lands and of all moneys
coming to their hands as such Trustees and of the manner in which
the same have been disposed of and shall, whenever the Resident
shall so require, submit the said accounts to the Resident and furnish
to him full and accurate information in relation thereto and to all
other matters concerning the management of the said lands and
the exercise and execution of the powers and duties of the Trustees
under this Enactment.

RELIGIOUS AND CHARITABLE TRUST (pERAK).

645

(ii) The said accounts shall be audited once a year by a person
to be appointed in that behalf by the Resident, and the cost thereof,
if any, ina.y be defrayed from the moneys controlled by the Trustees
under the provisions of this Enactment.

13. Each of the Trustees shall be answerable and accountable indemnity of
only for his own acts, receipts, neglects, and defaults and not for '^^^^^'^'
those of any other Trustee or of any banker or other person with
whom any moneys or property which have come into his hands
as such Trustee shall have been deposited nor for any other loss
unless the same shall have happened through his own wilful default.

The Schedule.
KUALA KANGSAR TOWN.

Grant 599

. Plan 133

,,598

„ 134

,,597

„ 135

,,795

„ 136

Town Lease 94 . .

„ 138

Certificate of Title 1,265 . .

„ 141

Town Lease 98 . .

„ 142

Grant 694

„ 144

Town Lease 60 . .

., 145

10.

Certificate of Title 1,150 . .

., 146

11.

„ 1,146..

„ 148

12.

„ 1,1481

„ 149

13.

Grant 753

., 157

14.

,,752

,. 158

15.

Town Lease 44 . .

„ 159

16.

1 Pk. 3 of 1918.

„ 160

PART III.

LAWS WHICH APPLY TO SELANGOR ONLY
UNREPEALED ON 31ST DECEMBER, 1920.

647

PART III.

CHRONOLOGICAL INDEX OF LAWS WHICH APPLY TO SELANQOR
ONLY UNREPEALED ON ^IST DECEMBER, 1920.

No.

Year.

1890

1891

1892

1894

1897

1899

1901

1902

1904

1907

1909

1910

1914

1915

Short title.
Village Sites . .
Harboues

School Attendance . .
Rights of Holders of Agreements for Leases
Vaccination
Police Supervision
Prevention of Disease
BuNUs Reserve Cancellation
Registration of Titles Validation
Victoria Institution
Secretary to Resident

Tai Wa Fund

Stolen Property and Habitual Criminals
Muhammadan Cemetery Reserve

MUHAMMADAN CeMETERY RESERVE

Klang Sites

Victoria Institution Reserve
Districts Water Supply
Victoria Institution
Muhammadan Cemetery Reserve

Page.
649
650
658
659
660
665
667
669
670
671
674
675
679
682
683
684
685
686
690
691

648

Regulation IV of 1890.

VILLAGE SITES.

A Regulation relating to the Occupation of Unalienated
Land for Village Sites.

[20th February, 1890.
7th March, 1890.]
W. E. Maxwell,

British Resident.

Whereas it is expedient to provide laws relating to the occupation preamble.

of unalienated land for village sites in the State of Selangor :

It is hereby enacted by His Highness the Sultan in Council, with

the advice of the British Resident, as follows : —

1. If at any time it shall appear to the officer in charge of the village sites.
land office of a district that a village of not less than ten houses has, villages already
without any license or authority in writing, been built upon State ^^^ ^^^'
land, the Resident may publish a notification declaring that any

land therein described is, and the same shall be, set apart as a village
site.

2. If any number of persons, being heads or representatives of villages about
not less than ten families, wish to obtain permission to occupy

State land for the purpose of building a village upon it, they may
apply, in writing, to the officer in charge of the land office of the
district, who, with the sanction of the Resident, may then set apart
a piece of land, the area of which shall not exceed twenty acres,
as a village site. The fact that such land has been so set apart
shall be publicly notified.

3. Houses may be built upon this land only with the authority Authority to
of the headman of the village, and the officer in charge of the land

office of the district shall decide who shall be deemed to be the
headman for this purpose.

4. The right of occupying any portion of a village site for building conditions of
houses and planting trees and making gardens shall be subject to °°'^"p^'^'^^"
the following conditions : —

(a) That the Government may, at any time after three months' Resumption by

notice, resume the whole or any portion of a village site

upon paying to the persons disturbed the full value of Compensation.

their houses, trees, and cultivation ;

(b) That if any number of persons, being heads or representatives Liability of

of not less than ten families, desire that any householder removal ^^
in the village be removed therefrom, and give good and
sufficient reason for his removal, such person may be
required to quit, upon the villagers paying such compen-
sation as the officer in charge of the land office of the
district may direct ;

site there shall be levied from the occupier a moderate
ground rent, which shall be fixed, from time to time,
according to the relative advantages of situation of
particular villages.

649

Regulation I of 1891.

As amended by Sel. E. 27 of 1899, 4 of 1900, and 4 of 1905.

HARBOURS.

Preamble.

Short title.

Interpretation.

Places subject
to this Begula-
tioD.

Definition of
limits of such
places.

How this
Begulation may
afiect different
places.

Declarations
under Section 4
to be published
in Oovernment
Qazette.

Appointment of
ConBervators,

A Regulation for the more efficient management of
the Ports and Harbours of the State of Selangor.

[3rd April, 1891.
7th April, 1891.]

Whereas it is expedient to provide rules for the more efficient
management of the Ports and Harbours of the State of Selangor :

It is hereby enacted by His Highness the Sultan in Council, with
the advice of the British Resident, as follows : —

1. This Regulation may be cited as the " Harbours Regulation,
1891."

2. The expression " master," or " master of vessel," shall include
the person in charge of such vessel.

3. It shall be lawful for the Resident by a proclamation in the
Government Gazette to declare any port in the State, and any
navigable river or channel, to be subject to this Regulation.

4. Every declaration, by which any port, navigable river, or
channel shall be made subject to this Regulation, shall define the
limits of such port, navigable river, or channel ; such limits shall
extend always up to high-water mark ; and may include any piers,
jetties, landing-places, wharves, quays, docks, and other similar
works, whether within or without the line of high-Avater mark, and
(subject to any rights of private property therein) any portion of
the shore or bank within fifty yards of high- water mark ; the limits
so declared may be altered from time to time by the Resident.

5. When any such port, or navigable river, or channel has been
so declared to be subject to this Regulation, all the provisions of
this Regulation, or such provisions only as the Resident may
specially declare, shall have ejffect in such ports, navigable rivers,
and channels.

6. Every declaration of the Resident made in pursuance of
Section 4 of this Regulation shall be published in the Government
Gazette, or in such other public manner as the Resident may direct,
and a copy thereof shall be fixed up in some conspicuous place
in the office of the Conservator of the port to which such declara-
tion or order shall relate.

7. (i) Such officers as the Resident may appoint shall be the
Conservators of such ports, navigable rivers, and channels, subject
to this Regulation, respectively.

(ii) For the purposes of this Regulation the word " port " shall,
unless such construction be inconsistent with the context, include
all such navigable rivers and charmels leading thereto as shall
for the time being be subject to the provisions of this Regulation.

650

HARBOURS (SELANGOR). 651

8. (i) The Resident may appoint at any port subject to this Health omcer.
Regulation an officer to be called the Health Officer, and may
suspend or remove from office any officer so appointed.

(ii) A Health Officer shall, subject to the control of the Resident,
have the following powers within the limits of the port for which
he is appointed, namely : —

(a) Power to enter on board any vessel and inspect the pro-
visions and water provided for the use of the crew or
passengers, and the accommodation for seamen or
passengers, for the purpose of ascertaining the fitness of
the same ;

(6) PoAver to enter on board any vessel and medically examine
all or any of the seamen or apprentices on board the
vessel ;

(c) Power to require and enforce the production of the log-book
and any other books, papers, or documents which he
thinks necessary for the purpose of enquiring into the
health and medical condition of the persons on board the
vessel ;

{d) Power to call before him and question for any purpose all
or any of those persons, and to require true answers to
any questions which he thinks fit to ask ;

(e) Power to require any person so questioned to make and
subscribe a declaration of the truth of the statements
made by him.

9. The Government shall not be responsible for any act or Government
default of any Conservator of any port subject to this Regulation fo°r a^cTor default
or of his deputy. ^ lilT,'^:^'

10. The Resident may from time to time make such port rules Power to maka
as he may think necessary for any of the following purposes in any °^ " ^"
of the above-mentioned ports : —

(a) For regulating the berths and stations to be occupied by

vessels ;
(6) For regulating vessels whilst taking in or discharging ballast

or cargo ;

necessary within any such port, river, or channel, and
along or near to the piers, jetties, landing-places, wharves,
quays, docks, moorings, and other similar works in or
adjoining the same ; and for marking out the spaces so
to be kept free ;

(d) For regulating the anchoring, fastening, mooring and un-

mooring and warping of all vessels, and the use of warps,
mooring buoys, chain and other moorings ;

(e) For enforcing and regulating the use of signals and of signal

lights by vessels ;

(/) For regulating the flags and signals to be used by vessels
arriving at, lying in, and departing from, any port ;

(g) For regulating the manner in which vessels arriving are to
be boarded by an officer of the Conservator's Depart-
ment, and the entries to be made in such officer's books of
arrivals ;

652

HARBOURS (SELANGOR).

Penalty for
refusing or
iinglecting to
obey direction
of Conservator.

Master of
vessel to report
arrival.

Duty of master
of vessel enter-
ing port for first
time after issue
of this Regula-
tion.

Penalty for
not conforming
with Sections
12 and 13.

Penalty for
carrying excess
number of
passengers.

E. 4 of 1905.

Vessels with
more than fifty
deck passengers
on board not to
carry explosive
substances.
Vessels having
small-pox or
cholera on
board.

(h) For regulating the use by vessels of steam-whistles, steam-
syrens, or other like instruments.
Such port rules shall be published in the Government Gazette, and
shall have the same force and effect as if enacted in this Regula-
tion, and every person convicted of a breach of any of the port
rules so made and published, shall be liable on conviction to a
penalty not exceeding fifty dollars.

11. If any person shall wilfully, and without lawful excuse,
refuse or neglect to obey any direction of the Conservator, given
under the provisions of this Regulation, after notice thereof shall
have been given to him, such person shall, for every such offence,
be liable on conviction to a penalty not exceeding fifty dollars,
and a further sum not exceeding ten dollars for every day on which
he shall wilfully continue to disobey such direction : and in case
of such refusal or neglect, it shall be lawful for the said Conservator
to do, or to cause to be done, all such acts as shall be reasonable
or necessary for the purpose of carrying such direction into execu-
tion, and to hire and employ proper persons for that purpose ; and
all reasonable expenses which shall be incurred in doing such acts,
shall be paid and borne by the person or persons so offending.

12. The master of every vessel anchoring in any of the ports of
the State, or going alongside any wharf in any port, shall forthwith
report, or cause to be reported, the arrival of his vessel at the office
of the Conservator of the port, and shall deposit, or cause to be
deposited, there a copy of the manifest of cargo to be discharged
or transhipped in the port, and a statement of passengers on board.

13. The master of every vessel anchoring in any of the above-
mentioned ports for the first time after the issuing of this Regula-
tion shall forthwith deposit at the office of the Conservator a
certificate from the port of registry of such vessel setting forth
the number of passengers of all classes which such vessel is per-
mitted to carry and the nature and extent of the accommodation
to be provided for them, and any change made in the same at the
port of registry must be notified in the same manner upon the next
arrival of the vessel.

14. Every master who shall fail to lodge a manifest statement
and certificate as required by the two preceding sections shall be
liable to a penalty not exceeding one hundred dollars.

15. Every master of a vessel who is found to have carried
passengers of any description in excess of the number, or in a
manner not authorized by his ship's certificate, shall be liable on
conviction to a penalty of one hundred dollars, and to a further
penalty not exceeding ten dollars for every passenger beyond the
number for whom accommodation existed in the ship as required
by law.

H: Hi ^ H< H:

17. No vessel carrjdng more than fifty passengers other than
cabin passengers shall carry as cargo or ballast any gunpowder or
other explosive substance other than safety cartridges.

18. The master of every vessel arriving at any of the ports, on
board of which any person has suffered from small-pox or cholera
since the departure of the said vessel from the last port at which

HARBOUKS (SELANGOR). 653

she touched, or having on board persons suffering from small-pox
or cholera, shall hoist and keep displayed at the main-mast head
the usual yellow quarantine flag, and shall not enter the port till
visited by the Health Officer, nor till permitted by the Conservator.

19. No boat shall go alongside any vessel arriving at any of No boat to go
the ports, unless and until permitted by the master, and no boat pe°rmfttid by"^^
shall be made fast astern of any vessel in any of the ports tiie master,

at a greater distance from the stern of such vessel than three
fathoms. The boats of the Conservators of the ports, police, and
health officers are exempted from the operation of this section. Exemption.

20. Every vessel within the limits of any of the ports shall have vessels to be
at all times on board a sufficient number of men to veer cable, ^""y^anned.
let go anchors, brace the yards up, or lower a boat in case of
accident. Provided always that, in the event of any vessels being rroviso.
laid up and not intended for navigation, it shall be lawful for the
Conservator of the port to assign a place within the limits of the

port where such vessels may be anchored and be exempted from
the operation of this section.

21. The owner or master of any vessel or any other person Penalty for
offending against any of the provisions of Sections 16, 17, 18, 19, 20, §^eTionsi6?i7,
shall be liable on conviction to a penalty not exceeding fifty dollars, is, 19, and 20.

22. No vessel shall leave any port without a port clearance to vessels not to
be issued by the Conservator, or other officer duly authorized {foTt^ci^arance.^
thereto, and the owner or master of any vessel offending against

this section shall be liable on conviction to a penalty not exceeding
five hundred dollars. Provided that nothing herein contained proviso.
shall be held to apply to any vessel arriving at any port at any
time when the office of the Conservator is closed for business, and
leaving the port before such office is again opened for business.

23. No master of a vessel shall discharge therefrom, or force No seaman to
therefrom, or wilfully or negligently leave behind him in the uniesron*^^^**
State, any seaman brought to the State therein, or shipped in the certificate of
State, unless on a certificate by the Conservator of the port, under

a penalty not exceeding fifty dollars for each seaman so discharged,
forced, or left behind ; and any seaman wilfully or negligently
Temaining behind in the State after the departure of the vessel
in which he shall have arrived or shipped, A^dthout such certificate,
shall, on conviction, be liable to a penalty not exceeding twenty-
five dollars.

The Conservator shall not be required to issue a certificate
under this section, unless in case of serious illness incapacitating
the seaman from duty on board his ship, or unless the seaman
shall at the time of the ship's departure be undergoing sentence
of imprisonment, and in every other case a certificate shall not
be issued until, and unless, the master or owner of the vessel shall
have made such provision for the seaman by procuring other
employment, or otherwise, as will prevent the seaman from becom-
ing a charge on the State.

24. It shall be lawful for the Resident to cause or permit to be Moorings,
fixed and laid down such moorings, buoys, beacons, and sea or land ^"°^^' ^*°'
marks, as may seem to him to be necessary to assist in the navigation

of any of the ports, rivers, or channels subject to this Regulation.

654

HARBOURS (SELANGOR).

Penalty for

InterlerlnK

with.

Conservator to
replace or repair
and charge to
person
convicted.

Penalty for
unlawfully
loosening or
removinsj any
vessel in port.

Imprisonment
not to relieve
from damages
under civil
action.

Penalty for
causing
obstruction to
navigation in
port.

Conservator
may remove
timber, etc.,
afloat or on
quay, and
charge expenses
to owner.

Conservator
may remove or
destroy vessels
wrecked, etc.,
and charge
expenses to
owner.

25. If any person shall wilfully, and without lawful excuse, lift,
injure, loosen, or set adrift any such moorings, buoys, beacons, and
sea or land marks in any port, river, or channel subject to this
Regulation, he shall for every such offence be liable to a penalty
not exceeding live hundred dollars, or to imprisonment, rigorous
or simple, for a period not exceeding three months.

26. Any moorings, buoys, beacons, or land or sea marks affected
shall be forthwith replaced or repaired by the Conservator ; and
all exiJcnses incurred thereby shall be chargeable to the person
convicted.

27. If any person shall wilfully, and without lawful excuse,
loosen or remove from its moorings, or from its fastenings alongside
any wharf or landing-place, any vessel within any such port,
river, or channel, without leave or authority from the owner or
master of such vessel, or of the manager or person in charge of
such wharf or landing-place, such person shall, for every such
offence, be liable to a penalty not exceeding five hundred dollars,
or to imprisonment, rigorous or simple, for a period not exceeding
three months.

28. Nothing in Sections 25 and 27 shall be held to relieve any
person undergoing punishment thereunder from responsibility in a
civil action for damages, at the suit of any person injured by or in
consequence of his acts.

29. If any person shall, without lawful excuse, cause any obstruc-
tion or impediment to the navigation of any port, river, or channel
subject to this Regulation, or shall do, or omit to do, any act
likely to cause any obstruction or impediment to such navigation,
the Conservator may cause such obstruction or impediment to be
removed, and every person causing any such obstruction or im-
pediment shall be liable to a penalty not exceeding one hundred
dollars, and also to pay all reasonable expenses which shall be
incurred in abating or removing such obstruction or impediment.

30. The Conservator may remove, or cause to be removed, any
timber or raft, floating or being in any part of any such port, river,
or channel, which shall impede the free navigation of such port,
river, or channel, or anything which shall obstruct or impede the
lawful use of any pier, jetty, landing-place, wharf, quay, dock,
mooring, or other work, on any part of the shore or bank which
has been declared to be within the limits of such port, river, or
channel, and is not private property ; and the owner of any such
timber, or raft, or other thing, shall be liable to pay the reason-
able expenses of such removal.

30a. (i) A master of a vessel shall not cause or suffer any warp
or hawser attached to his vessel to be left out in any port subject
to this Regulation after sunset in such a maimer as to endanger
the safety of any other vessel navigating in the port.

(ii) A master offending against this section shall be liable on
conviction to a penalty not exceeding one hundred dollars.

31. If any vessel shall be wrecked, stranded, or sunk in any such
port, river, or channel, or in any place within State waters adjacent
thereto, so as to impede, or be likely to impede, the navigation
thereof, the Conservator may cause the same to be raised, removed,

HARBOURS (SELANGOR). 655

or destroyed, and all expense incurred in the raising, removing,
and destroying of such vessels shall be borne by the owners thereof.

32. If any obstruction or impediment to the navigation of any compensation
port, river, or channel, subject to this Regulation, shall have been {°^fu™°''*' °^
lawfully made, or shall have become la"svful by reason of the long impediment.
continuance of such obstruction or impediment, or otherwise, the
Conservator shall report the same for the information of the Resi-
dent, who may cause the same to be removed or altered, making

to the person or persons who suffer damage by such removal or
alteration reasonable compensation for the same. If any dispute
arise concerning such compensation, the matter in dispute shall be
determined according to the law now, or hereafter to be, in force
in the State relating to the determination of disputes as to the
price of land required for public purposes.

33. If any ballast or rubbish, or if any other thing likely to form Penalty for
a bank or shoal, or to be detrimental to navigation, shall, without ^epos^ot
the permission of the Conservator or other lawful excuse, be cast or ^^^^^^ °'^
thrown into any such port, river, or channel, or into or upon any

place or shore from which the same shall be liable to be washed into
any such port, river, or channel, either by ordinary or high tides, or
by storms or land floods, the person who shall so cast or throw the
same, or cause the same to be so cast or thrown as aforesaid, and the
master of any vessel from which the same shall be cast or thrown,
shall forfeit and pay a sum not exceeding one hundred dollars, over
and above any expenses which may be incurred in removing the
same.

34. No dead body, or the carcass of any animal, shall be thrown no dead body,
overboard or into the seas, rivers, or channels within the limits of the ®^°erboajd '^^^^
ports, under a penalty not exceeding fifty dollars, and any expenses within port
incurred in burying or otherwise disposing of any dead body or '"*'^*
carcass so thrown over shall be chargeable on the OA\Tier or master of

the vessel from which the same may have been thrown.

35. The master or person in charge of every vessel lying at anchor Light to be
within any of the ports, rivers, or channels subject to this Regulation, betwjen'lunset
shall, between sunset and sunrise, exhibit, or cause to be exhibited, and sunrise.
where it can best be seen, but at a height not exceeding twenty feet

above the hull, a white light in a globular lantern of at least eight
inches in diameter, and so constructed as to shew a clear, uniform, and
unbroken light all round the horizon, visible at a distance of at least
one mile : and the master or person in charge of every such vessel in
which a light shall not be exhibited, as required by this section, shall
be liable on conviction to a penalty not exceeding fifty dollars.

36. If any person shall grave, bream, or smoke any vessel in any no person to
port, river, or channel subject to this Regulation, or shall boil or or'^smokeTi^'
heat any pitch, tar, resin, dammar, turpentine, oil, or other such vessel within
combustible matter on board any vessel within any such port, river, ^°^ "^' ^'
or channel, at any time or within any limits at or within which such

act shall be prohibited by any order of the Resident, or contrary to
the orders or directions of the Conservator, every such person, and
also the master of such vessel, shall be liable on conviction to a
penalty not exceeding one hundred dollars.

656

HARBOURS (SELANGOR).

Naked lights
not to be used
near inflam-
inable liquids.

Vessels on fire
within port
limits.

E. 27 of 1899.

Shingle, etc.,
neither to be
carried from
nor deposited
withHi port
limits, without
consent of
Conservator.

Penalty,

Conservator to
have the right
to board any
vessel.

Penalty for
obstructing
any person
discharging a
duty under this
Regulation.

Government
officer acting
under authority
of Conservator.

37. If any person shall use a naked light to draw off spirits, turpen-
tine, or inflammable oils, or inflammable liquids of any kind, on
board any vessel in any port, river, or ehannel subject to this
Regulation, every such person, and also the master of every such
vessel, shall be liable on conviction to a penalty not exceeding one
hundred dollars.

38. In the event of fire breaking out on board any vessel in any of
the ports, rivers, or channels subject to this Regulation, it shall be
lawful for the Conservator of the port to proceed on board such vessel,
with such assistants and persons as to him may seem fit, and to
give such orders as may seem to him necessary for scuttling such
vessel or for removing such vessel to such place as may to him seem
proper to prevent, in either case, danger to other vessels ; and if such
orders are not forthwith carried out by the master of such vessel, the
said Conservator may himself proceed to carry them into effect.

41. No person, without the permission of the Conservator, shall
remove or carry away any rock, stones, shingle, gravel, sand, or soil,
or any artificial protection from any part of the bank or shore of such
port, river, or channel, and no person shall sink or bury in any part
of such bank or shore, any mooring-post, anchor, or any other thing
which is likely to injure, or to be used so as to injure, such bank or
shore, except with the permission of the said Conservator, and with
the aid or under the inspection of such person or persons (if any) as
he may appoint to take part in or overlook the performance of such
work.

Every person offending against any of the provisions of this section
shall be liable on conviction to a penalty not exceeding one hundred
dollars for every such offence, and to pay the expenses of repairing
the injury (if any) done to such bank or shore,

42. The Conservator may, whenever he shall suspect that any
offence has been or is about to be committed in any vessel, contrary
to this Regulation, or whenever he considers it is necessary for him
so to do in the discharge of any duty imposed upon him by this
Regulation or otherwise by law, go, either alone or with any other
person or persons, on board any vessel within the limits of any port,
river, or channel subject to this Regulation, If the master of such
vessel shall, without lawful excuse, refuse to allow any such Conser-
vator, or any of his assistants, or other officers or persons authorized
by him, so to enter such vessel, he shall, for every such offence, be
liable on conviction to a penalty not exceeding one hundred dollars.

43. Any person who shall wilfully obstruct or hinder any person
in the execution of any duty imposed, or power conferred, by this
Regulation, or shall assault or ill-treat him in the discharge of such
duty, or in the exercise of such power, shall, for every such offence,
be liable on conviction to a penalty not exceeding one hundred
dollars,

44. All acts, orders, or directions by this Regulation authorized to
be done or given by any Conservator, may be done or given by any
person in the service of the Government subject to his control and
duly authorized by him. And any person authorized to do any
act may call to his aid such assistance as may be necessary.

HARBOURS (sELANGOR). 657

45. All offences against this Regulation shall be punishable in a offences
summary manner by a Magistrate on information by, or by order of, a"suramary'"
the Conservator, or by any other person authorized by him thereto, manner.
And in addition to the means prescribed by law for the recovery of
penalties imposed by Magistrates in their summary jurisdiction, it
shall be lawful for a Magistrate, by warrant under his hand, to cause
the amount of any penalty imposed under this Regulation upon the
owner or master of any vessel for any offence committed on board of
such vessel, or in the management thereof, or otherwise in relation
thereto, whereof such owner or master shall be convicted, to be
levied by distress and sale of such vessel, and the tackle, apparel, and
furniture thereof, or so much thereof as shall be necessary.

* * * * * E. 4 of 1900.

47. In every case in which any person shall be liable under the f^^2\tiS.°^
provisions of this Regulation, to pay any sum of money, damages, or
expenses, the same may be recovered and levied in the same manner

as any penalty under this Regulation, and, if necessary, the amount
thereof may be fixed and assessed by the Magistrate before whom the
case shall be tried.

48. All expenses incurred for works authorized or required to be Disputes as to
done by a Conservator under Sections 11, 26, 29, 30, 31, 33, 34, 38, laid before a
and 41, shall, if any dispute arise as to the amount, be ascertained Magistrate.
before a Magistrate, and, when so ascertained, shall be recoverable

in the same manner as any penalty under this Regulation ; and the
Conservator may cause any timber, raft, or other thing, or the
materials of any vessel, boat, or wreck, or of any nuisance or obstruc-
tion, to be removed, or so much thereof as may be necessary, to be
sold by public auction, and may retain all the expenses of such
removal and sale out of the proceeds of such sale ; and shall pay the
surplus of such proceeds, or deliver so much of the said timber or
other materials as shall remain unsold, to the owner or other person
entitled to receive the same ; and, if no such person appear, shall
cause the same to be kept and deposited in such manner as the Resi-
dent shall direct ; and may, if necessary, from time to time, realize
the expenses of keeping the same, together with the expenses of such
sale, by a further sale of so much of the said timber or other materials
as may remain unsold, and the balance shall be paid to the person
entitled to the property, and, if no person shall appear and claim the
same, it shall be paid into the Treasury. Provided, however, that
the amount so paid into the Treasury shall be refunded without
interest to any person who may thereafter establish his right to the
same.

49. Any written notice given under this Regulation which shall be Service of
left for the master of any vessel with any person employed on board
thereof, or which shall be affixed in a conspicuous place on board of

such vessel, shall, for the purposes of this Regulation, be deemed to
have been given to the master thereof.

50. All actions and prosecutions which may be lawfully brought Prosecution

• /. 1 • -I -iiij-Tl 7^ against officials

against any person for anything done, or intenclea to be done, unaer to be brought
this Regulation, shall be commenced within three months after the ^"ntts^of d\te
thing complained of, and not otherwise. °L!ned o^"™"

1—42

Regulation V of 1891.

Preamble.

Short title.

Attendance
notice to be
served on
parent or
guardian.

Parents or
guardians liable
to conviction
for child's non-
attendance.

Penalty.

Provisoi

SCHOOL ATTENDANCE.

A Regulation to provide for the compulsory attendance
of Malay Children at Government Schools.

J. P. Rodger, [13th June, 1891.]

Acting British Resident.

Whereas it is expedient to provide for the compulsory attendance
of Malay children at Government vernacular schools in the State :

It is hereby enacted by His Highness the Sultan in Council, with the
advice of the British Resident, as follows : —

1. This Regulation may be cited as the " School Attendance
Regulation, 1891."

2. From and after the date of the passing of this Regulation it
shall be lawful for any District Officer to cause a written or printed
notice to be served on the parent or guardian of any male Malay
child living within his district, and being between the ages of seven
and fourteen years, requiring such child to attend such Government
vernacular school as may be in such notice specified, and on receipt
of such notice the parent or guardian of any child so required to
attend school shall be deemed to be lawfully responsible for the
regular attendance of such child at the school so specified, for the
hours during which such school may be opened for the attendance
of pujjils.

3. Any person so lawfully responsible for the attendance at school
of any child shall, on proof before a Magistrate of such child's
non-attendance as aforesaid, and in the absence of any reasonable
excuse for such non-attendance, be liable to be convicted of an
offence under this Regulation.

4. Any person so convicted shall be liable to a penalty hot
exceeding five dollars for each offence, and to simple imprisonment
not exceeding fourteen days in default of payment thereof.

Provided always, that no person shall be liable to any penalty
under this Regulation in respect of any child whose ordinary place of
abode is situated at a greater distance than two miles from the school
specified in the notice as aforesaid.

658

Kegulation I OF 1892.

As amended by Sel. Regulation IX of 1892.

RIGHTS OF HOLDERS OF AGREEMENTS FOR

LEASES.

A Regulation to declare the rights of the Holders of
Agreements issued under Clause 8 of the Selangor
Land Regulations of 1882.

W. E. AIaxwell, [5th March, 1892.]

British Resident.

Whereas it is expedient to declare the rights of the holders of Preamble.

agreements issued under Clause 8 of the Selangor Land Regulations

of 1882 in the State of Selangor :

It is hereby enacted by His Highness the Sultan in Council, with

the advice of the British Resident, as follows : —

1. Any person who at the time of the coming into force of this Holders ot
Regulation is in the possession of State land by virtue of an agree- fla^eTunder""^
ment for a lease issued under Clause 8 of the Selangor Land LandKeauia-
Regulations of the 30th October, 1882, shall be entitled on surrender- entitled to'
ing such agreement to have a grant issued to him under the pro- f^^^^^Q^^'^®'"
visions of the Land Code, 1891, subject to the payment of such i89i, subject to
premium and quit-rent as would be charged in respect of such land if prJmium and
such land were waste land and a grant thereof were then applied for ; quit-rent ;
or, he may in the alternative, hold the said land under the customary under custom-
tenure described in the said Code subject to assessment and the other ^^^ tenure.
incidents of the said tenure. *^' '

2. (i) The District Officer may at any time by a notice in Avriting District officer
duly served in the manner prescribed for notices issued under Section " reement^*"^
31 of the said Code require any person so in possession of State land holders to elect
as aforesaid to elect one of ;the two alternatives in the preceding alternatives
section mentioned. ^^ section i.

(ii) Such person shall thereupon be bound to attend at the °' '
District Office and to notify his election in WTiting to the District
Officer.

(iii) If he elect to take out a grant he shall be subject to the
provisions of the next following section.

3. At any time after the survey by Government of any land of District officer
which any person is in possession as in Section 1 mentioned who had QoJei^Tnt
not elected to hold his land under such customary tenure as aforesaid, survey, cancel

,_..,., ^ „, 1 , . • . , • 11 1 • agreement and

the District Oiticer may by notice in writing duly served in manner i^ue grant.
aforesaid require such person to deliver up the agreement to be
cancelled and he shall be legally bound to do so, A grant for the
land referred to in such agreement shall be issued in exchange to such
person on payment of the premium and all lawful charges payable
under Schedule G of the said Land Code.

4. This Regulation may he cited as the "Rights of Holders of Reg.ix, i892.
Agreements for Leases Regulation, 1892."

659

Regulation III of 1892.

VACCINATION.

Regulation to extend and make compulsory
practice of Vaccination in the State of Selangor.

the

W. E. Maxwell,

British Resident.

[5th March, 1892.
1st July, 1892.]

Officers
appointed.

Preamble. Whereas it is expedient to extend and make compulsory the

practice of vaccination :

It is hereby enacted by His Highness the Sultan in Council, with
the advice of the British Resident, as follows :

1. It shall be la^^'ful for the Resident to appoint the Residency
Surgeon of Selangor to be Superintendent of Vaccination for the
State of Selangor, and the District Surgeons to be Deputy Super-
intendents of Vaccination for districts to be assigned to them,
with such other Deputy Superintendents and such public vaccina-
tors and subordinate officers as may be required for performing
the duties prescribed by this Regulation and Avith such salaries or
payments by fees as may seem to be required, and to apjjoint the
districts and places wthin which the several district and subordin-

Ruies for duties, ate officers sliall carry on their duties, and to make rules and orders
for the proj)er conduct of the duties of the several officers so
appointed.

2. It shall be the duty of the Superintendent and Deputy Super-
intendents of Vaccination to take measures, subject to the orders
of the Resident, for the regular sujjply of vaccine virus to the several
district and subordinate officers and to superintend the distribution
of the same.

3. The parent of every child now in the State which may be of
the age of seven years or under, not being already vaccinated, shall
within three months of the coming into operation of this Regulation,
and the parent of every child which may hereafter be brought to
the State being of the age of seven years or under, not being already
vaccinated, shall within three months after its arrival in the State,
and the parent of every child born in the State shall within three
months after its birth, or where, in any of the above cases, by reason
of the death, illness, absence, or inability of the parent, or other
cause, any other person shall have the custody of such child, such
person shall, within three months after receiving the custody of
such child, take it, or cause it to be taken, to the public vaccinator
of the vaccination district in which it shall be then resident ac-

660

Supply o£
vaccine virus.

Parents, etc., to
cause children
to be
vaccinated.

VACCINATION (SELANGOR). 661

cording to the provisions of this Regulation, and the public vaccinator
to whom such child shall be so brought is hereby required, with all
reasonable despatch, subject to the condition hereinafter mentioned,
to vaccinate such child.

4. Upon the same day in the following week when the operation inspection after
shall have been performed by the public vaccinator, such parent ''*°'^"'*

or other person, as the case may be, shall again take the child or
cause it to be taken to such place as may be directed by the public
vaccinator, there to be inspected by the Deputy Superintendent of
Vaccination, or such other person as the Resident may appoint for
the purpose, to ascertain the result of the operation, and the public
vaccinator may, if he see fit, take from such child lymph for the
performance of other vaccinations ; and in the event of the vaccina-
tion being unsuccessful, such parent or other person shall, if the
public vaccinator so direct, cause the child to be forthwith again
vaccinated and inspected, as on the previous occasion.

5. If any Deputy Superintendent of Vaccination shall be of certificate of
opinion that any child is not in a fit and proper state to be success- vacctaation!
fully vaccinated he shall forthwith deliver to the parent, or other

person having the custody of such child, a certificate under his hand,
according to the form of Schedule B, that the child is then in a state
unfit for successful vaccination, which certificate shall remain in
force for two months and shall be renewable for successive periods
of two months until a Deputy Superintendent of Vaccination shall
deem the child to be in a fit state for successful vaccination, when
the child shall with all reasonable despatch be vaccinated, and the
certificate of successful vaccination duly given if warranted by
the result.

6. At or before the end of each successive period the parent, or Reserved
such person as aforesaid, shall take or cause the child to be taken to

the Deputy Superintendent of Vaccination or other person appointed
for the purpose as aforesaid, who shall then examine the child,
and give the certificate according to the said form B so long as he
deems requisite under the circumstances of the case.

7. If any such Deputy Superintendent of Vaccination, or other l^fugceptfbiiity
person as aforesaid, shall find that a child who has been three times of vaccination.
unsuccessfully vaccinated is insusceptible of successful vaccination,

or that a child brought to him for vaccination has already had the
small-pox, he shall deliver to the parent or other person as aforesaid
a certificate under his hand according to the form of Schedule C,
and shall also transmit a copy of the same to the Registrar of Births
and Deaths in the district within which the birth was registered,
but if such districts be not known to him, or if the birth of the child
shall not have been registered, to the Registrar within whose district
the operation shall have been performed, and the child shall thence-
forth not be required to be vaccinated.

8. Every Deputy Superintendent or other person as aforesaid ^®^-nQ*tiojf t,,
who shall have inspected the vaccination of any child and shall have be sent to
ascertained that the same has been successful, shall, within twenty- ^^'^ ""^^
one days after the performance of the operation, transmit by post,

or otherwise, to the Registrar of the district as aforesaid a certifi-

662

VACCINATION (SELANGOR).

RoRistrar to
give notii'c to
vaccinate.

Book of notices
to vaccinate.

Private
vacciQation.

Penalty for not

vaccinating.

Order to
vaccinate.

Further
penalty.

Offences.

catP according to the form of Schedule D, certifying that the said
child has been successfully vaccinated, and upon request shall
deliver a duplicate thereof to the parent or other person as aforesaid.

9. The Deputy Registrar of Births and Deaths shall, within
seven days after the registration with him of the birth of any child,
wive a notice in the form of Schedule A to the parent, or in the
event of the death, illness, absence, or inability of the parent, to
the person having the custody of such child, requiring such child
to be duly vaccinated according to the provisions of this Regulation.

10. Every Deputy Registrar of Births and Deaths shall keep a
book in Avhich he shall enter, in such form and manner as may be
directed by the Resident, minutes of the notices of vaccination given
by him as herein required and also register the certificates trans-
mitted to him as herein provided, and shall at all reasonable times
allow searches to be made therein, and upon demand give a copy
under his hand of any entry in the same on payment of a fee of
twenty-five cents.

11. It shall be lawful for any parent or other person to take any
child to be vaccinated by a medical practitioner instead of a public
vaccinator, and if any medical practitioner shall undertake such
vaccination he shall be liable to perform all the duties in connection
with such vaccination as are required by this Regulation to be
performed by the Deputy Superintendent of Vaccination, and shall
further be vested with the powers and authority conferred by this
Regulation on such Deputy Superintendent of Vaccination in
respect to such vaccination performed by him ; and the parent
or person taking any child to a medical practitioner for vaccination
shall be subject to the rules provided by this Regulation for vaccina-
tion by a public vaccinator as to the time and manner of such
vaccination, subsequent inspection, and certificates.

12. Every parent or person having the custody of a child who
shall neglect to take such child, or to ca^use it to be taken, to be
vaccinated, or after vaccination, to be inspected according to the
provisions of this Regulation, and shall not render a reasonable
excuse for his neglect, shall be liable, upon conviction before a
Magistrate, to a penalty not exceeding five dollars, and the Magis-
trate may make an order under his hand and seal directing such child
to be vaccinated within a certain time ; and if at the expiration of
such time the child shall not have been so vaccinated, or shall not
be shown to be then unfit to be vaccinated, the person upon whom
such order shall have been made shall be proceeded against sum-
marily, and, unless he can show some reasonable ground for his
omission to carry the order into effect, shall be liable, on conviction
before a Magistrate, to a penalty not exceeding twenty-five dollars.

13. Every public vaccinator, medical practitioner, parent, or
person, as the case shall require, who shall neglect or omit to per-
form any duty imposed in the several sections of this Regulation
shall be liable, upon conviction before a Magistrate, where not other-
wise specially provided for, to a penalty not exceeding ten dollars ;
and every person who shall wilfully sign a false certificate or dupli-
cate under this Regulation shall be guilty of a misdemeanour and
be punishable accordingly.

VACCINATION (sELANGOR). 663

14. Any person who shall produce or attempt to produce in any Misde-
child or person by inoculation with variolous matter, or by wilful Siocuuuon.
exposure to variolous matter, or to any matter, article, or thing,
impregnated with variolous matter, or wilfully by any other means
whatsoever produce or attempt to produce the disease of small-pox

in any such child or person, shall be guilty of an offence, and shall be
liable, upon conviction before a Magistrate, to a penalty not ex- Penalty,
ceeding one hundred dollars, or to be imprisoned for any term not
exceeding six months, or to both.

15. In any prosecution for neglect to procure the vaccination of a Rule of
child, it shall not be necessary in support thereof to prove that the
defendant had received notice from the Registrar or any other
officer of the requirements of the law in this respect, but if the
defendant produce any such certificate as hereinbefore described,

or the register of vaccinations kept by the Registrar as hereinbefore
provided, in which the certificate of successful vaccination of such
child shall be duly entered, the same shall be sufficient defence
for him except in regard to the certificate marked B, when the time
specified therein for the postponement of the vaccination shall have
expired before the time when the information shall have been laid.

16. The word " parent " shall include the father and mother of a interpretation.
legitimate child and the mother of an illegitimate child, and the

words " medical practitioner " shall include any person authorized
by law in any European State or in the United States of America
to practise as a physician or surgeon, and shall also include persons
holding diplomas from any University in India of the degree of
Doctor of Medicine or Surgeon, and shall also include any person
to whom a license to vaccinate in a particular district may be granted
by the Resident.

17. It shall be lawful for the Resident to declare at what time this Time of coming
Regulation shall come into operation in any or all of the districts, ^^° °^^^* '°°'
and to exempt any district or part of a district from the operation

of the Regulation either temporarily or permanently.

18. No prosecution for any offence under this Regulation shall Prosecution,
be instituted, except by the authority of the Superintendent of in°3tituted.
Vaccination or a Deputy Superintendent of Vaccination.

19. This Regulation may be cited as the "Vaccination Regula- short title.
tion, 1892."

Schedule A.

I, the undersigned, hereby give you notice to have the child
(insert name if any), whose birth is now registered, vaccinated
within three months from the date of its birth, pursuant to the
provisions and directions of the Vaccination Regulation, 1892, and
that in default of your doing so you will be liable to a penalty of
five dollars.

Dated this day of 189 .

(Signed) C. D.,

Registrar of Births and Deaths for the District
of in the State of Selanaor.

664 VACCINATION (sELANGOR).

Schedule B.
I, the undersigned, hereby certify that I am of opinion that
the child of of

in the district of in the State of Selangor, aged

, is not now in a fit and proper state to be success-
fully vaccinated, and I do hereby postpone the vaccination until the
day of 189 .

Dated this (a) day of 189 .

(Signed) A. B.,
Public Vaccinator of the District

[or A. B. of Medical

Practitioner {i.e., M.D., L.A.C., or F.R.C.S., or
otherwise, as the case may be)].
Memo. — This is to be kept by the parent or other person to whom it
is given.
(a) This must not exceed two calendar months from the date of the
certificate.

Schedule C.
I, the undersigned, hereby certify that I have
times unsuccessfully vaccinated the child

of of in the district of

in the State of Selangor, aged (or that the child

has already had small-pox, as the case may be), and I am of opinion
that such child is insusceptible of successful vaccination.
Dated this day of 189 .

(Signed) A. B.,
Deputy Superintendent of Vaccination of the District
[or A. B. of Medical

Practitioner {i.e., M.D., L.A.C., or F.R.C.S., or
otherwise, as the case may be)].
Memo. — This is to be kept by the parent or other person to whom
it is given.

Schedule D.
I, the undersigned, hereby certify that the child

of aged of in the district

of in the State of Selangor, has been successfully

vaccinated by me.

Dated this day of 189 .

(Signed) A. B.,
Public Vaccinator of the District

[or A. B. of Medical

Practitioner {i.e., M.D., L.A.C., or F.R.C.S., or
otherwise, as the case may be)].
Notice. — When the vaccination is performed by a medical prac-
titioner or licensed vaccinator he is to fill up and sign
this certificate and within twenty-one days transmit
it to the Registrar with whom the birth was registered,
or, if his district be not known, to the Registrar of
the district in which the operation was performed.
The transmission may be by post or otherwise. In such
cases the Vaccination Regulation, 1892, imposes a
penalty of ten dollars for default.

Regulation II of 1894.

POLICE SUPERVISION.

A Regulation to provide for the Supervision of Habitual
Criminals.

W. H. Treacher, [10th AprU, 1894.

British Resident. 27th April, 1894.]

Whereas it is expedient for the more effectual prevention of crime preamble.
to make provision for the supervision of habitual criminals :

It is hereby enacted by His Highness the Sultan in Council, with
the advice of the British Resident, as follows :^

1. This Regulation may be cited as the "Police Supervision short titio and
Regulation, 1894," and shall come into operation on and from the ^en™^""^
date of the publication thereof in the Government Gazette,

2. When any person is convicted before any court superior to a After second
court of a magistrate of the second class of a crime, and a previous courfma"
conviction of a crime is proved against him, the court may, in ad- order poUoe
dition to any other punishment which it may award to him, direct ^"p^""^'^'""-
that he is to be subject to the supervision of the police for a period

of three years, or such less period as the court may direct, com-
mencing immediately after the expiration of the sentence passed
on him for the last of such crimes.

3. Every person subject to the supervision of the police, who is Requirements
at large in the State, shall notify the place of his residence to the subjectfto*"^
chief police officer of the district in which his residence is situated, supervision.
and shall, whenever he changes such residence within the same

police district, notify such change to the chief police officer of the
district, and whenever he changes his residence from one police
district to another, shall notify such change of residence to the chief
police officer of the district which he is leaving, and to the chief
police officer of the district into which he goes to reside. More-
over, every person subject to the supervision of the police, if a male,
shall once in each month report himself, at such time as may be
prescribed by the chief police officer of the district in which such
person may be, either to such chief police officer himself or to such
other person as that officer may direct.

4. If any person, subject to the supervision of the police, who is Persons not
at large in the State, remains in any place for forty-eight hours o°resid'lnce''°*
without notifying the place of his residence to the chief police officer to poUce.

of the district in which such place is situated, or fails to comply
with the requisition of Section 3 hereof on the occasion of any change

665

Interpretntion.

666 POLICE SUPERVISION (selangor).

of residence, or with the requisition of Section 3 hereof as to re-
porting himself once in each month, he shall in every such case,
unless he proves to the satisfaction of the court before which he
is tried that he did his best to act in conformity with the law, be
guilty of an offence against this Regulation, and, upon conviction
thereof, he shall be subject to imprisonment of either descrij)tion
for a term not exceeding one year.

5. The expression " crime," as used in this Regulation, means
any offence punishable by penal servitude, or rigorous imprisonment
for not less than two years, so that, in the latter case, the imprison-
ment is not by way of alternative punishment for non-payment of
a fine imposed ; and shall include cases in which the punishment
of death has been commuted to one of penal servitude, or rigorous
imprisonment.

Regulation V of 1894.

PREVENTION OF DISEASE.

A Regulation for the better prevention of the introduction
of Contagious and Infectious Disease into the State.

W. H. Treacher, [26th June, 1894.]

British Resident.

Whereas a dangerous infectious disease is at present prevalent in preamble.
the Colony of Hongkong and in certain districts in China, and it is
desirable to take precautions to prevent the spread of the same to
this State ; and whereas the importation into the State of Chinese
immigrants from such districts or from places in communication
with them may become a source of danger to the inhabitants of
this State ; and whereas it is expedient that in the present and in
all other like cases the Government should have full powers to take
immediate precaution for the preservation of the public health :

It is hereby enacted by His Highness the Sultan in Council, with
the advice of the British Resident, as follows : —

1. This Regulation may be cited as the "Prevention of Disease short title.
Regulation, 1894."

2. Whenever any dangerous infectious or contagious disease has Resident may
broken out or exists at any port beyond the limits of the State or tion putunguf"
in the country adjacent to such port from which Chinese immigrants ^°l%^^^°]^^^^
are ordinarily imported into this State, it shall be la^^^ul for the and e with
Resident to declare by proclamation, to be published in such cwnete"
manner as to the Resident may seem fit, that the provisions of immigrants and
Sections 3, 4, and 6 of this Regulation shall be in force within the immigrant
State and shall have effect in respect of all such ships as may sail ^'"^^'

from or call at any port named in such proclamation after the date
thereof and every such proclamation shall remain in force until
cancelled by Government notification published for the purpose
in the Government Gazette.

3. So long as any proclamation made under the provisions of provisions as to
this Regulation remains in force :— fr^Sants and

(i) It shall not be laAvful for any Chinese immigrant who arrives ^^^f^^^nt
in any Chinese immigrant ship on a voyage on which such ship has ships during
called at any port named in such proclamation to land in the State, proclamation.

(ii) It shall not be lawful for the master of any Chinese immigrant
ship Avhich has started from or called at any port named in such
proclamation to disembark or to suffer to disembark any Chinese
immigrant at any place within the State.

(iii) The owner, agents, consignee, and master of any Chinese
immigrant ship which having started from or called at any port
named in such proclamation shall arrive at any port or place in the
State, shall be legally bound to cause such ship to leave the waters
of the State without disembarking anj^ Chinese immigrant within

667

668

PREVENTION OF DISEASE (SELANGOR).

Communica-
tion with
Chinese immi-
grant ships
forbidden
during time of
proclamation.

Regulation 1 of
1891.

Meaning of
" Chinese
immigrant "
and " Ciiineae
Immigrant
ship."

Bules as to
entry of ships
into the ports
of the State
during time of
proclamation.

Penalty.

twenty-four hours after the receipt by him of written notice from
the conservator of the port requiring him to do so.

(iv) Any Chinese immigrant disembarking or attempting to dis-
embark from a Chinese immigrant .ship contrary to the provisions
of this Regulation shall be liable, on conviction, to a fine not
exceeding fifty dollars and to imprisonment of either description
not exceeding six months, or to both such punishments, and the
master of any Chinese immigrant ship who suffers any Chinese
immigrant to disembark and any person aiding or abetting any
Chinese immigrant in disembarking from a Chinese immigrant ship
contrary to the provisions of this Regulation, shall be liable to a
fine not exceeding one hundred dollars for every immigrant whose
disembarkation has been so suffered, aided, or abetted, or to im-
prisonment of either description not exceeding six months, or to
both such punishments, and any owner, agent, consignee, or master
of a Chinese immigrant ship who, after the expiration of twenty-
four hours from the service upon him of the notice mentioned in
sub-section (iii). shall suffer such ship to remain within the waters
of the State, shall be liable, on conviction, to a fine not exceeding
five hundred dollars for every day or a part of a day during which
such ship shall have remained within the waters of the State in
contravention of this Regulation, or to imprisonment of either
description not exceeding six months, or to both such punishments.

4. So long as any proclamation made under the provisions of this
Regulation remains in force any person other than a health officer,
conservator, the Chinese Secretary, or the officers of any of them,
who shall communicate or attempt to communicate with a Chinese
immigrant ship at any place other than one of the ports defined
under the Harbours Regulation, 1891, shall be guilty of an offence,
and shall be liable, on conviction, to a fine not exceeding one
thousand dollars, and to imprisonment of either description not
exceeding six months, or to both such punishments.

5. The expression " Chinese immigrant," as used in this Regula-
tion, shall be held to mean any Chinese brought to the State from
China in any Chinese immigrant ship, not being first or second class
cabin passengers ; and the expression " Chinese immigrant ship "
shall be held to mean a ship bringing Chinese immigrants, exceeding
twenty in number, to the State.

6. So long as any proclamation made under the provisions of
this Regulation remains in force, the Resident may, from time to
time, make, and, when made, revoke or vary, such rules as may
appear to him necessary or expedient for prohibiting the entry into
any port of the State of any ship arriving from China, French
Indo-China, Borneo, or Siam, pending such enquiry or examination
as may be prescribed in such rules. All such rules shall be published
in the Government Gazette and shall have the force of law until
the publication of a Government notification cancelling the
proclamation.

7. The Resident may, in making any rules under the preceding
section, attach to the breach of any of such rules a penalty, on
conviction before a magistrate, not exceeding five hundred dollars,
or imprisonment of either kind not exceeding six months, or both.

Enactment III of 1897.

BUNUS RESERVE CANCELLATION.

An Enactment to revest in His Higlmess the Sultan of
Selangor certain land situated at Bunus, in Kuala
Lumpur.

J. P. Rodger, [27th March, 1897.

British Resident. 9th April, 1897.]

Whereas by Notification No. 99, under the hand of the British Preamble.
Resident for the time being, dated the 25th April, 1890, and pub-
lished in the Selangor Government Gazette of the 2nd May, 1890, it
was declared that a piece or parcel of land at Bunus, Kuala Lumpur,
thereinafter more fully described, containing an area of 74 acres 3
roods 31 poles, and deUneated on a plan of even date with the said
notification deposited in the Land Office at Kuala Lumpur, should
be permanently reserved as a place for the recreation, convenience,
and amusement of the inhabitants of the State of Selangor, and
should not be alienated or occupied under any mining license or
lease ; and any conveyance or alienation thereof, except for the
purpose for which the said reservation was made, should be abso-
lutely void, as well against His Highness the Sultan and his successors
as all other persons whomsoever : And whereas it is desirable that
the hereinbefore recited Notification No. 99, dated the 25th April,
1890, should be cancelled and that the said piece of land with all
buildings thereon should be vested in His Highness the Sultan, his
heirs and successors :

It is hereby enacted by His Highness the Sultan of Selangor in
Council as follows : —

1. This Enactment may be cited as the " Bunus Reserve Cancel- short title and
lation Enactment, 1897," and shall come into operation upon the ment!^'^°^'
date of the pubHcation thereof in the Government Gazette.

2. Upon the coming into operation of this Enactment the herein- Notiacation
before recited Notification No. 99, dated the 25th April, 1890, shall cLnceUe°d.^^^°
be cancelled, and the piece or parcel of land described in the said
notification, together with all buildings thereon, sho,ll be vested in

His Highness the Sultan of Selangor, his heirs and successors,
absolutely.

Enactment XII of 1897.

As amended by Sel. E. XVI of 1899.

REGISTRATION OF TITLES VALIDATION.

An Enactment to render valid certain dealings with Land.

J. P. Rodger,

British Resident.

[2nd October, 1897.
8th October, 1897.]

Preamble.

Enact. XVI o£
1899.

Whereas by Section 4 of the Registration of Titles Regulation,
1891, it is enacted that after the coming into operation of the said
Regulation all land which is comprised in any grant or lease in
perpetuity, whether issued prior or subsequent to the coming into
operation of the said Regulation, should be subject to the said
Regulation, and should not be capable of being transferred, trans-
mitted, mortgaged, charged, or otherwise dealt with except in
accordance with the provisions of the said Regulation, and every
attempt to transfer, transmit, mortgage, charge, or otherwise deal
with the same, except as aforesaid, should be null and void and of
none effect :

And vs^hereas certain land comprised in leases in perpetuity issued
prior to the coming into operation of the said Regulation has been
dealt with ... in a manner not strictly in accordance with the
said Regulation, and doubts have arisen respecting the validity of
such dealings : And whereas it is expedient to remove such doubts
and to render valid such dealings :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as the " Registration of Titles
(Validation) Enactment, 1897," and shall come into force upon the
publication thereof in the Gazette.

Enact. XVI of 2. All dealings with such land as aforesaid . . . whether
Former strictly in accordance with the said Regulation or not, are hereby

"^^Hd*^ *° ^® declared to be valid dealings and shall be deemed to have been duly
effected for all purposes.

Short title and
commence-
ment.

670

Enactment XXIII of 1899.

As amended by Sel. 10 of 1902.

VICTORIA INSTITUTION.

An Enactment to repeal and to re-enact with alterations
the Victoria Institution Enactment, 1899.

Lt.-Col. Walker, c.m.g., [15th November, 1899.

Acting British Resident. 15th December, 1899.]

Whereas, in the year 1887, a fund was raised by public subscrip- Preamble.
tion for the erection of a permanent memorial of the Jubilee of
Her Most Gracious Majesty the Queen ; And whereas, in the year
1893, the subscribers to the said fund agreed that it should be
devoted to the establishment of an Institution to be called " The
Victoria Institution," and to be maintained for the purpose primarily
of providing instruction in the English language to day scholars
of all nationalities and classes resident in the State, and for other
educational purposes ; And whereas, in the same year, a further
sum was raised for the same purposes by public subscription ; And
whereas the Government added thereto a further sum of money,
granted a rent-free site, and, by way of endowment, granted an
annual rate not exceeding one per centum of the annual value of
all houses and buildings in the town of Kuala Lumpur, and further
undertook to provide a sum not exceeding $3,000 yearly as a grant
in aid of the said Institution ; And whereas the Victoria Institution
was built and opened on the thirtieth day of July, 1894, and has
since that date been managed for the above-mentioned purposes by
a body of Trustees ; And whereas the said Trustees were, by
Enactment II of 1899, created a body corporate ; And whereas
it is expedient to repeal the said Enactment and to re-enact its
provisions with alterations in order to set out more full}'' the
origin and objects of the Victoria Institution :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as the "Victoria Institution short title and
Enactment, 1899, Amendment Enactment, 1899," and shall come "^f^^^"^'
into force upon the publication thereof in the Gazette.

2. The Victoria Institution Enactment, 1899, is hereby repealed. Repeal.

3. The Secretary to Government, the Treasurer and the State incorporation
Surgeon, of Selangor, for the time being (hereinafter called the oi Trustees.
ex-officio Trustees), and the following persons, now being Trustees of

the Institution, that is to say. Yap Kwan Seng, Member of the

G7I

672

VICTORIA INSTITUTION (SELANGOR).

Execution of
deeds.

State Council, Loke Yew, Member of the State Council, Kiarthna
Tambusamy, Ong Cliie Siew, Tamby Abdullah, Bennett Eyre Shaw,
Lawrence Col vile Jackson, one of Her Majesty's Counsel, John
Henry Matthews Robson, Charles Willoughby Hewgill, and Thomas
Herbert Kershaw, and their successors in ofHce, shall be a Corpora-
tion in order to carry out the objects of the Victoria Institution,
as set out in the preamble hereto, and shall for the purposes of this
Enactment have the name of " the Trustees of the Victoria Institu-
tion of Selangor," and by that name shall have perpetual succession
and a common seal, and the said Corporation is hereby empowered
for the purposes of the said Institution to sue and be sued, to make
contracts and to acquire, purchase, take, hold, and enjoy movable
and immovable property of every description, and to sell, convey,
assign, surrender, mortgage, lease, or otherwise dispose of any
movable or immovable property vested in the Corporation, upon
such terms as to the Corporation may seem fit.

4. All deeds, documents, or other instruments shall be sealed
with the seal of the Corporation in the presence of three Trustees,
of whom one at least shall be an ex-officio Trustee, and of the
Secretary, and shall also be signed by each of such three Trustees
and the Secretary, and such signing shall be taken as sufficient
evidence of the due sealing of such deeds, documents, and other
instruments.

The seal of the Corporation shall be kept in the custody of the
Secretary.

5. All the property, movable and immovable, belonging to or
held by or under the control of the existing Trustees for the purposes

, of the Institution shall be, and the same is hereby, vested in the
Corporation, and shall be held by the Corporation, upon trust for
the purposes of the Institution.

6. All moneys received under the " Education Rate Regulation,
1893," and all other moneys belonging to or accruing due to the
Corporation, shall be deposited in the bank of the Corporation.

7. The bank shall make payments of moneys belonging to the
Corporation on cheques signed by the Secretary of the Corporation,
and countersigned by the Treasurer.

Investments. 8. Moncys belonging to the Institution may be invested at

interest by the Corporation in any manner and on any securities,
subject to the approval of the Resident. All investments shall
be made in the name of the Corporation.

9. The Secretary to Government shall be ex-officio Chairman,
and in case of his absence from any meeting of the Corporation a
Chairman for the occasion shall be chosen by the Trustees present.
The Head Master of the Institution shall be ex-officio Secretary of
the Corporation.

10. Meetings of the Corporation shall be held at least once in
every three months at a time and place of which due notice shall
be given to every Trustee then in the State by the Secretary. At

Vesting of
property held
by existing
Trustees.

Provision as to
bank.

Cheques,

Chairman and
Secretary.

Meetings.

VICTORIA INSTITUTION (sELANGOR).

673

such meetings four Trustees shall form a quorum, but seven Trustees
shall be recjuired to form a quorum for the election of a Trustee
or Trustees, and for other extraordinary business, or for voting
any disbursement not included in the estimates.

Questions arising at any meeting shall be determined by a
majority of votes of the Trustees present, and in case of an equality
of votes, tlu^ C'hairman shall have a second or casting vote.

11. (!) The Secretary shall keep the accouvts of the Institvtion, Accounts.
which shall be audited at regular intervals by two Auditors conjointly, K.ioofi902.
each of whom shall be aq^pointed by the Trustees, subject to the approval

of the Resident, and may in like manner be removed.

(ii) It shall be lawful for the Trustees to 'pay to any Auditor didy.
appointed as aforesaid such remuneration as the Trustees may think
fit.

12. The Secretary shall submit to the Trustees an annual state- Annual
ment of accounts audited as prescribed in the last precedinq section. statement.

^ -f . tf E. 10 of 1902.

13. If any Trustee, not being an ex-ofificio Trustee, shall die, or Appointment of
remain out of the State for more than 12 months, or desire to be "®^ Trustees.
discharged from his position as Trustee, or refuse or become unfit

or incapable to act therein, then the surviving or continuing
Trustees, including the ex-officio Trustees, shall (subject to the
provisions of Section 10) elect another person to be a Trustee
in the place of the Tinistee dead, remaining out of tlie State, desiring
to be discharged, refusing or being unfit or incapable as aforesaid.

1—43

Preamble,

Enactment No. 10 of 1901.

SECRETARY TO RESIDENT.

An Enactment to substitute in Enactments the title
of " Secretary to the Resident " for the title of
" Secretary to Government."

H. Conway Belfield,

Acting British Resident.

[26th August, 1901.
20th September, 1901.]

Short title and
commence-
ment.

" Secretary to

Resident " to

be read instead

of " Secretary to SlOIl

Government

Whereas by various Orders in Council, Regulations, and Enact-
ments certain powers and duties have been conferred and imposed
upon the Secretary to Government, and whereas the title of
" Secretary to the Resident " has now been substituted for the
title of " Secretary to Government" :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Secretary to the
Resident Enactment, 1901," and shall come into force upon
the publication thereof in the Gazette.

2. Whenever in any Order in Council, Regulation, or Enactment in
force at the commencement of this Enactment, either the expres-

Secretary to Government," or the expression " Government
Secretary " occurs, the expression " Secretary to the Resident "
shall be substituted therefor, and be read instead thereof.

674

Enactment No. 1 of 1902.

As amended by Sel. 4 of 1915.

TAI WA FUND.

An Enactment to repeal and re-enact with an amend-
ment " The Tai Wa Fmid Enactment, 1899."

E. M. Merewether, [I3th January, 1902.

British Resident. 23rd February, 1902.]

Whereas in or about the year 1893 a certain sum of money was Preamble.
given by the Government of Selangor to aid in establishing a ward
at the Pauper Hospital, Kuala Lumpur, called the " Tai Wa "
Ward, to receive Chinese and others crippled or suffering from
incurable or other infirmity, and such sum of money has been
supplemented by public subscriptions raised from amongst the
Chinese inhabitants of the State : And whereas the said Govern-
ment has further assigned a Aveighing charge on tin and tin ore
to a Committee of certain Government officers and other persons
to maintain the said Tai Wa Ward : And whereas the said Com-
mittee have accumulated money and acquired buildings : And
whereas it is expedient to provide by law for the better control,
management, and supervision of the said money and buildings,
and for the incorporation of the said Committee :
It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as "The Tai Wa Fund suort title and
Enactment, 1902," and shall come into force upon the publication ment.
thereof in the Gazette .

(ii) Upon the coming into force of this Enactment, the Enact-
ment specified in the schedule hereto shall be repealed to the
extent therein specified.

2. The above-mentioned Committee shall be called the " Tai Wa corporatioa
Fund Committee " and shall be by that name a body corporate "^^^^ '
with perpetual succession and a common seal, having, subject to

the provisions of this Enactment, a capacity to acquire, hold, and
sell movalile and immovable property of every description and
to enter into contracts and may by such name sue and be sued.

3. The said body corporate shall consist of the officers respectively Members of
acting for the time being as State Surgeon, Surgeon of the District '■'"■P°'-*"°"-
Hospital, Kuala Lumpur, and Secretary for Chinese Affairs, and

of the Chinese Mem])ers of the State Council of Selangor, and
of such other persons (if any), but not exceeding four, as the sei.4ofi9i6.

675

676

TAI WA FUND (SELANGOR).

Property of
corporatioiit

Officers of
corporation.

Medical cliarge.

Auditor,

Secretary.

CQairman,

Committee mav, with the approval of the Resident, from time to time
elect to be members thereof. At any meeting of the Committee
four members shall form a quorum. All questions shall be deter-
mined by a majority of votes of the members present, and in case
of an equality of votes, the Chairman shall have a second or casting
vote.

4. (i) All the property, movable and immovable, on the com-
mencement of this Enactment belonging to or held by or under
the control of the Committee, shall be, and the same is hereby,
vested in the said body corporate, on the trusts and for the
purposes in this Enactment prescribed.

(ii) It shall not be lawful for the said body corporate to purchase
or sell any immovable property except with the written consent
of the Resident.

(iii) All deeds, documents, or other instruments, shall be sealed
with the seal of the Corporation in the presence of three members
of the Committee and of the Secretary, and shall also be signed
by such three members and by the Secretary.

5. The State Surgeon shall be ex-officio Chairman, and in case
of his absence from any meeting of the Committee a chairman for
the occasion shall be chosen by the members present ; the officer
performing the duties of the Secretary for Chinese Affairs shall
l)e ex-officio Secretary of the Committee, and the Surgeon of the
District Hospital, Kuala Lumpur, shall be ex-officio Treasurer of
the Committee.

6. The said Tai Wa Ward shall be under the medical charge of
the Surgeon of the District Hospital, Kuala Lumpur, who shall
every January prepare and forward to the Committee an annual
report on all medical matters connected with the said ward.

7. The Surgeon of the District Hospital, Kuala Lumpur, shall
also be Treasurer of the fund, and in this capacity shall keep the.
accounts of the fund and prepare a statement of the estimates
and expenditure for each ensuing year. He shall retain all
Treasury receipts and duplicates and counterfoils of all vouchers,
and shall in every January siibmit to the Committee an annual
report upon the condition of the corporate property and funds.

8. The accounts of the fund shall be audited once in every six
months by the State Auditor.

9. The Secretary shall keep minutes of the meetings of the
Committee, have charge of the correspondence book, and issue
notices to call meetings of the Committee.

10. The Chairman shall generally superintend the affairs of the
Committee. He shall if present preside at all meetings of the
Committee and his decision as to any point of order shall be final.
The seal of the Corporation shall be kept in his custody. At the
close of every year the Chairman shall draw up an annual report
on the working of the Tai Wa Ward and copies of the said annual
report shall be forwarded to each member of the Committee and
to the Resident and be published in the Gazette.

TAI WA FUND (sELANGOR).

677

Purposes of
Fund.

11. The State Treasurer shall pay to the credit of the fund the stat"?
proceeds of a weighing charge of two cents per pikul on all tin contribution.
and tin ore exported annually from the State, or the equivalent
thereof.

12. (i) The Chairman shall, not later than the first week in power of
October in every year, forward to the Resident the statement of ^^i^^"*^-
the estimates and expenditure for the ensuing year.

(ii) The Resident may reject any item of such estimates or
expenditure which, in his opinion, is undesirable or not authorized
by law, and the estimates and expenditure shall not be passed by
the Committee, and when passed shall not be varied, without the
previous consent, in writing, of the Resident.

13. Moneys belonging to the fund may be deposited or invested investments.
by the Committee in any manner and on any securities approved

by the Resident. All investments shall be made in the name of
the Corporation.

14. The Tai Wa Fund shall be exclusively devoted to the follow-
ing purposes : —

(i) To maintain and extend a free hospital for mining labourers
who by reason of age or other physical disability are unable to
earn their own living ;

(ii) To admit to the benefit of the ward such destitute or disabled
persons, other than mining labourers, as may be specially recom-
mended by a majority of the Committee ;

(iii) To provide passages home to China or elsewhere for the
inmates of the ward ;

(iv) To effect any other charitable object in aid of Chinese
which may be approved by the Resident.

15. Every January the Secretary shall at the request of the Eoster.
Chairman draw up a roster for the current year of the members of
the Committee who are to inspect the ward month by month,
and it shall further be the duty of the Secretary to issue notices
every month reminding the visiting members of their turn to
inspect ; and to accompany the visiting members as often as he
can at their inspections.

16. (i) It shall be lawful for the Committee to frame from time By-iaws.
to time by-laws for the conduct of the duties of the various officers
and servants employed in the said Tai Wa Ward, and for the
admission and discharge of the patients, and as to their food,
clothing, and otherwise generally for the management of the inmates
of the said Tai Wa Ward and its officers.

(ii) All such by-laws shall be subject to the approval of the
Resident, and when so approved shall be published in the Gazette,
and copies in the English and Chinese languages shall be posted ,
in conspicuous places in the ward. Any person infringing any of
the by-laws when so published and posted shall be guilty of an
offence, and shall, on conviction by a Magistrate, be liable to a
fine not exceeding fifty dollars.

Saving clause.

678

TAI WA FUND (sELANGOR).

(iii) All by-laws made under the Enactment hereby repealed
which are in force at the coming into operation of this Enactment
and which are not inconsistent with any of its provisions shall
remain in force until revoked or altered.

17. Nothing in this Enactment contained shall affect the rights
of His Highness the Sultan or of any bodies politic or corporate
or other persons except such as are mentioned in this Enactment
and those claiming by or under them.

Number.

1 of 1899

The Schedule.
ENACTMENT REPEALED.

Short title.

Extent of repeal.

Tai Wa Fund Enactment, 1899

The whole

Enactment No. 15 of 1902.

STOLEN PROPERTY AND HABITUAL
CRIMINALS.

An Enactment to provide for the suppression of dealings
in Stolen Property and for the punishment of
Habitual Criminals.

A. R. Venning, [25th November, 1902.

Acting British Resident. 12th December, 1902.]

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as ' ' The Stolen Property and short title and
Habitual Crimmals Enactment, 1902," and shall come into force ^^^'^'^^'^'^""'^^
upon the publication thereof in the Gazette.

2. (i) Whoever has in his possession or conveys in any manner Fraudulent
anything which may be reasonably suspected of being stolen or p°op^erty? °^
fraudulently obtained shall, if he fail to account satisfactorily how

he came by the same, be liable to a fine not exceeding fifty dollars
or to imprisonment of either description for any term not exceeding
three months.

(ii) If any person charged with having or convejdng anything
stolen or fraudulently obtained shall declare that he received the
same from some other person or that he was employed as a carrier,
agent, or servant to convey the same for some other person, the
magistrate may cause every such other person and also, if necessary,
every former or pretended purchaser or other person through
whose possession the same shall have passed (pro\aded that such
other person shall be alleged to have had possession of the same
within the jurisdiction of such magistrate) to be brought before
him and examined and shall examine witnesses upon oath touching
the same ; and if it appear to such magistrate that any person
so brought before him had possession of such thing and had reason-
able cause to believe the same to have been stolen or unlawfully
obtained, such person shall be liable to a fine not exceeding fifty
dollars or to imprisonment of either description for any term not
exceeding three months.

(iii) The word " possession " in this section includes possession in
a house, building, ship, vessel, or other place as well as possession
in a street or public place.

3. Any person who having been convicted of an offence punishable Second and
under the preceding section or under Chapter XII or Chapter XVII c'onvMous.
of the Penal Code is subsequently convicted of an offence punishable

679

Search under
warrant.

Liability to
special
punishment
during three
years after
expiration of
sentence.

G80 STOLEN PROPEHTV AN1> lI.\JHTliAL CRIMINALS (sELANGOR)

under the preceding section .shall he liable, if such subsequent
conviction is by a court inferior to the Court of the Senior Magistrate,
to a lin(> not exceeding two hundred dollars or to inij)risonnient of
either tlest^ription for any term not exceeding six months, or, if such
subseciuent conviction is by the Court of the Senior Magistrate, to
fine not exceeding one thousand dollars or to imprisonment of either
description for any term not exceeding two years.

4. (i) If information shall be given on oath to any magistrate
that there is cause to suspect that any property which may be
reasonably suspected of being stolen or fraudulently obtained is
within any house, building, ship, vessel, or other place, then such
magistrate may by warrant under his hand and the seal of the court
directed to any police otticer cause such house, building, ship,
vessel, or other place to be entered and searched at any hour of day
or night.

(iii) If u})on the making of the search any property such as that
described in the information shall be found in the house, building,
ship, vessel, or other place, then the police ofticer making the search
or some other police officer shall convey such property before a
magistrate or guard the same on the spot or otherwise dispose thereof
in some place of safety.

(iv) The police officer making the search or some other police
officer shall also take into custody and carry before a magistrate every
person in such house, building, ship, vessel, or other place in whose
possession or under whose control such property may be found.

(v) The provisions of Sections 59 and 60 of the " Criminal Pro-
cedure Code, 1900," shall aj^plj^ to searches made under this section.

5. When any person is convicted of a crime and previous con-
viction of a crime is proved against him, he shall, at any time within
three years immediately after the expiration of the sentence passed
upon him for the last of such crimes, be guilty of an offence against
this Enactment and be liable to rigorous imprisonment for a term
not exceeding one year under the following circumstances or any of
them :

(ii) If on being charged with a crime and on being required by a
court of summary criminal jurisdiction to give his name
and address he refuses to do so or gives a false name or
address ; or.

STOLEN PROPERTY AND HABITUAL CRIMINALS (SELANGOR) 681

(iii) If he is found in any place, whether pubHc or private, under
such circumstances as to satisfy the court before which
he is brought that he was about to commit, or to aid in
the commission of, any crime or was waiting for an oppor-
tunity to commit, or to aid in the commission of any
crime ; or

(iv) If he is found in or upon any dwelling-house, or any build-
ing, yard, or premises being parcel of or attached to any
dwelling-house, or in or upon any shop, warehouse, count-
ing-house, office, factory, dock, wharf, m.achine-house, or
other place of work or business, or in any plantation,
garden, orchard, pleasure-ground, or nursery -ground, or in
any building or erection in any plantation, garden, orchard,
pleasure-ground, or nursery ground or other similar place,
without being able to account, to the satisfaction of the
court, for his being found in or upon such place.

6. The expression '' crime,'' in this Enactment, means any offence interpretation.
punishable by penal servitude, or rigorous imprisonment for not less
than two years, so that, in the latter case, the imprisonment is not by
way of alternative punishment for non-payment of a fine imposed ;
and shall include cases in which tlie punishment of death has been
commuted to penal servitude, or rigorous imprisonment.

Enactment No. 8 of 1904.

Short title and
commence-
ment.

Certain land
revested in
H.H. the
Sultan.

MUHAMMADAN CEMETERY RESERVE.

An Enactment to revest in His Highness the Sultan of
Selangor certain land situated at Kuala Lumpur.

D. G. Campbell,

Acting British Resident.

[29th February, 1904.
31st March, 1904.]

Whereas b}^ Notification No, 191, dated the 17th April, 1893, ex-
pressed to be made under Sections 5 and 6 of the "Land Code, 1891,"
and pubHshed in the Gazette of the 28th April, 1893, it was declared
that the whole parcel of land two acres and one rood, or there-
abouts, in extent, contained in lot 45 of section 4 of the town of
Kuala Lumpur, a plan whereof was deposited in the Survey Office,
Kuala Lumpur, was j^ermanently reserved as a jilace of burial for
the Muhammadan inhabitants of Kuala Lumpur, and that every dis
position thereof except for the jaurposes for which the said reservation
was made should be absolutely void as well against His Highness the
Sultan as against all other persons whomsoever : And whereas it is
desirable that a part of the said parcel of land should be excluded
from the operation of the hereinbefore recited notification and
should be vested in His Highness the Sultan :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment ma^^ be cited as " The Muhammadan Cemetery
Reserve Enactment, 1904," and shall come into force upon the
publication thereof in the Gazette.

2. Upon the coming into force of this Enactment all the land
comprised in allotment 46 of section 4 of the town of Kuala Lumpur,
containing an area of 2 roods and 35.2 perches, the boundaries
whereof are set out in the Schedule, and which originalh' formed a
part of lot 45 of section 4 of the said town, shall be excluded from
the operation of Notification No. 191, published in the Gazette of
the 28th April, 1893, and shall be vested in His Highness the Sultan
absolutely.

The Schedule.

Boundaries. — Commencing at the northernmost corner of
allotment 47 of section 4 of the town of Kuala Lumpur, and bounded
thence by lines bearing 238° 50' 10". 342.7 links ; 340° 01' 30", 275.3
links; 70° 00' 30", 247.0 links; 136° 53' to 40", 227.0 links to the
point of commencement.

682

Enactment No. 14 or 1907.

MUHAMMADAN CEMETERY RESERVE.

An Enactment to revest in His Highness the Sultan of
Selangor certain land situated at Kuala Lumpur.

H. Conway Belfield, [22nd July, 1907.

British Resident. 2nd August, 1907.]

Whereas by Notification No. 191, dated the 17th April, 1893, ex-
pressed to be made under Sections 5 and 6 of the '" Land Code,
1891," and published in the Gazette of the 28th April, 1893, it was
declared that the whole of the parcel of land, two acres and one rood,
or thereabouts, in extent, contained in lot 45 of section 4 of the town
of Kuala Lumpur, a plan whereof was deposited in the Survey
Office, Kuala Lumpur, was permanently reserved as a place of burial
for the Muhammadan inhabitants of Kuala Lumpur, and that every
disposition thereof, except for the purposes for which the said reser-
vation was made, should be absolutely void as well against His
Highness the Sultan as against all other persons whomsoever :

And whereas by " The Muhammadan Reserve Enactment, 1904,'
a part of the said parcel of land was excluded from the operation
of the said notification and became vested in His Highness the
Sultan :

And whereas it is now desirable that another part of the same said
parcel of land should be excluded from the operation of the same
said notification and should be vested in His Highness the Sultan :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Muhammadan Cemetery short title and
Reserve Enactment, 1907," and shall come into force upon the ^"nt!'^"'*'
publication thereof in the Gazette.

2. Upon the coming into force of this Enactment all the land certain land
comprised in allotment 47 of section 4 of the town of Kuala Lumpur, Highness uif'^
containing an area of 3 roods and 15.4 poles, the boundaries whereof suFtan.

are set out in the schedule, and which originally formed a part of
lot 45 of section 4 of the said town, shall be excluded from the
operation of Notification No. 191, published in the Gazette of the
28th April, 1893, and shall be vested in His Highness the Sultan
absolutely.

The Schedule.
Boundaries. — Commencing at the south-western corner of
allotment 44, section 4, town of Kuala Lumpur, and bounded thence
by lines bearing 113° 46' 40", 159.78 links ; 193° 23' 40", 151 .63 links ;
218° 55' 30", 216.85 links ; 335° 51' 30", 207.3 links ; 330° 45' 40",
414 links ; 61° 06' 40", 37.1 links ; 150° 45' 40", 233.1 links ; 60°
45' 40", 101.6 links ; and 113° 46' 40", 84.3 links to the point of
commencement. (Plan No. 5,847.)

683

Enactment No. 22 of 1909.

KLANG SITES.

An Enactment to declare certain land at Klang to be
vested in His Highness the Sultan.

H. Conway Belfip:ld,
British Resident.

[4th November, 1909.
19th November. 1909.

Short title and

comraence-

meat.

Land vested in
His Highness
the Sultan.

WiiKRRAS b}' Notification No. .374, dated the 16th August, 1893, and
published in the Gazette of the 18th August and 1st, 15th, and 29th
September, 1893, notice was given under Section 7 of the '" Land
Code, 1891," that the Resident proposed to reserve permanently
from sale as a site for a Chinese temple a portion of land situated
in the town of Klang, in the district of Klang, and thereinafter more
particularly described, containing an area of 28.29 perches : and
whereas the portion of land described in the said notification was
devoted to the said purpose, but doubts have arisen whether the
same was permanently reserved from sale in the manner prescribed
by the said Land Code : and whereas it is desirable that the portion
of land described in the said notification should be vested in His
Highness the Sultan :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Klang Sites Enactment,
1909," and shall come into force upon the publication thereof in the
Gazette.

2. Ui^on the coming into force of this Enactment all rights and all
restrictions which may in pursuance of the hereinbefore recited
Notification No. 374, dated the 16th August, 1893, have been created
or imposed under the " Land Code, 1891," in respect of the portion
of land described in the said notification shall be revoked and
annulled, and the portion of land described in the said notification
shall be vested in His Highness the Sultan absolutely.

684

Enactment No. 23 of 1909.

VICTORIA INSTITUTION RESERVE.

An Enactment to revest in His Highness the Sultan
certain land situated at Kuala Lumpur and forming
part of the premises of the Victoria Institution.

H. Conway Belfield, [30th December, 1909.

British Resident. 31st December, 1909.]

Whereas by Notification No. 505, dated the 1st August, 1896, and
published in the Gazette of the 14th August, 1896, it was declared
that in the exercise of the powers vested in him by Section 5 of
the " Land Code, 1891," the Resident had been pleased to declare
all that jiortion of land contained in allotments 1 and 2 of section 27
of the town of Kuala Lumpur, in area 5 acres, 3 roods, 20.1 perches,
more or less, and more particularly described in the schedule thereto,
to be reserved for the purposes of an English School, to be maintained
and kept in order by the Trustees of the Victoria Institution :
and whereas it is expedient and the said Trustees desire that the
hereinbefore recited Notification No. 505 should be cancelled and
that the said portion of land with all buildings thereon should be
vested in His Highness the Sultan :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Victoria Institution
Reserve Enactment, 1909," and shall come into force upon the
publication thereof in the Gazette.

2. Upon the coming into force of this Enactment the hereinbefore
recited Notification No. 505, dated the 1st August, 1896, shall be
cancelled, and the portion of land described in the said notification
together with all buildings thereon shall be vested in His Highness
the Sultan absolutely.

685

Enactment No. 2 of 1910.

DISTRICTS WATER SUPPLY.

An Enactment to impose a Water Assessment within
agricultural and other areas.

H, Conway Belfield,

British Resident.

14th December, 1910.
23rd December, 1910.]

Short title and
commence-
ment.

Definitions.

" Water supply
area."

" Panitary
Board area "

Kesident may
proclaim a
water supply
area.

Resident may

impose

assessment.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Districts Water Supply
Enactment, 1910," and shall come into force upon the publication
thereof in the Gazette.

2. In this Enactment and in any rules made thereunder unless
the context otherwise requires :

" Water supply area " means any area declared by the Resident
under the provisions of Section 3 to be a water supply area ;

" Sanitary Board area " means an area declared by the Resident to
be a Sanitary Board area under " The Sanitary Boards Enactment,
1907."

3. It shall be lawful for the Resident by proclamation for that
purpose to be published in the Gazette to declare any area in which
there shall be a public water supply to be a water supply area.
Such proclamation shall define the boundaries of such water supply
area and the Resident may from time to time in like manner cancel
any such proclamation or extend or otherwise vary the boundaries
of any water supply area or exclude therefrom lands previously
included.

4. (i) It shall be further lawful for the Resident, with the approval
of the Resident- General, from time to time by jjroclamation for that
purpose, to be published in the Gazette, to impose upon all or any
land, estates, houses, buildings, or Sanitary Board areas within any
water supply area an annual assessment to recover the cost of
maintaining the works for such supply of water, together with
interest at the rate of four and a half per centum per annum on the
cost of constructing the same, and in like manner to cancel or vary
such annual assessment.

(ii) The assessment payable under this Enactment in respect of
a Sanitary Board area shall be payable by the Sanitary Board in
control of such area. No sections of this Enactment other than
Sections 1, 2, 3, 4, and 6 shall have operation in any Sanitary Board
area within which " The Waterworks Enactment, 1909," has come

686

DISTRICTS WATER SUPPLY (SELANGOR). 687

into operation ; nor shall this Enactment prevent such Sanitary-
Board from levying a rate within such Sanitary Board area under the
provisions of " The Waterworks Enactment, 1909," or in any way
interfere with the operation of the said Enactment.

(iii) Any assessment imposed under this section may be in addition
to any rate, assessment, or other liability imposed on any land
within a water supply area by the terms of any document of title
under which such land is held or imposed under any other Enactment
for the time being in force.

5. Except as may be otherwise provided by rule under Section 6, Recovery of
all amounts which shall have accrued due in respect of any assess- assessment.
ment imposed under this Enactment ma}'^ be recovered in the manner
provided in Part VI of " The Land Enactment, 1903," for the
recovery of rent.

6. (i) The Resident may from time to time, with the approval of Power to make
the Resident-General, make rules not inconsistent with this Enact- mlmiero'f
ment to regulate the manner of determining the assessment to be determining the

. flSSGSsni6nt etc

imposed on any lands under this Enactment, the time of payment
and the manner of collecting amounts accrued due in respect of such
assessment, the furnishing of returns and information relating to the
use and occupation of land within a water supply area and generally
for the purpose of carrying into effect the objects of this Enactment.
All such rules shall be published in the Gazette and shall thereupon
have the force of law.

(ii) Every person who shall neglect or omit to furnish within the Penalty for
prescribed time any information or return required by rule made nish^'req^uired
under this Enactment to be furnished shall be liable on conviction '"formation.
to a fine not exceeding one hundred dollars.

7. The State Engineer shall exercise the powers hereinafter state Engineer.
assigned to him and shall appoint such inspectors, clerks, and other

officers as may be necessary, with the sanction of the Resident.

8. It shall be lawful for the State Engineer and the inspectors and Powers of entry.
employes on the waterworks staff duly authorized by him, to enter

upon and pass through, in, and out of any house, or building, or land,
into, through, by, along, or under which any waterworks pipes or
connections may pass, or be, to inspect and if need be to repair, alter,
take up, relay, rearrange, or otherwise deal with the same as circum-
stances may require : provided that the State Engineer or his
subordinate officer or servant shall not enter upon any house or
building as aforesaid which may be occupied at the time, unless with
the consent of the occupier thereof, without previously giving such
occupier two hours' notice of his intention to do so.

9. If any person, liable as herein provided to pay water assess- Power to cut
ment, neglects to pay the same at the time apjDointed for payment "^^'^ppy-
thereof, the State Engineer may stop the water from flowing into

the premises in respect of which such assessment is payable by
cutting off the service pipe to such premises or by such means as he
shall think fit, and the cost of effecting such stoppage and also if the
supply is subsequently renewed the cost of renewing the supply shall
be recoverable from the person in consequence of whose neglect to
pay assessment the water was cut off in the manner provided for the
recovery of assessment.

688

DISTRICTS WATER SUPPLY (SELANGOR).

Penalty for
wilful iliimat-'O
ajiil idtcrfcr-
enco with
supply.

Penalty for
waste anil
misuse.

Power to take
civil or criminal
pro?eedlngs.

Power to cut off
supply tempo-
rarily.

Liability of
owner or
occupier for acts
of servants.

10. Whoever shall wilfully or negligently injure any conduit,
reservoir, ci.stern, well, ])ij)e. lock, cock, valve, waste-pi |)e, or other
a|)i)lianee undei- the nianagcMuent or control of the State Engineer, or
shall unlaw fully Hush, diain off, divert, or take water from any water-
works under tlie management or contn^l of the State Engineer, or
from any water or streams by w hich such waterworks are sujjplied ;
and whoever shall unlawfully ])ollutc or render impure for drinking
purposes any such water siiall for every such offence be liable on con-
viction to a fine not exceeding fifty dollars, and to a further fine not
exceeding five dollars for each day during which the offence is
continued.

11. Every person who in a water supply area shall wilfully or
negligently misuse or waste, or cause or permit to be misused or
wasted, any water passing through the ])ipes in or near his ])remise8
shall be liable on conviction to a fine not exceeding twenty-five
dollars, and every person who shall ap])ly, or cause or permit to be
ap])lied, the water ])assing through the ])ipe in or near his premises
to purposes prohibited by rules made under this Enactment shall be
liable on conviction to a fine not exceeding one hundred dollars ; and
every person who shall alter, or cause or permit to be altered, any
service of water so as to enable a greater supply of water to be taken
than is permitted })y the rules made under this Enactment shall on
conviction be liable to a fine not exceeding two hundred and fifty
dollars ; and any service so altered may be restored to the proper
state by the State Engineer at the expense of the party convicted,
the expense of the restoration being certified by the Engineer in
charge of the work.

12. Nothing contained in this Enactment shall be held to prevent
the State Engineer from proceeding by civil suit against any person
for damages caused to the waterworks, or to prevent any person from
being prosecuted criminally for anj^thing done relating to the water-
w^orks.

13. The State Engineer may, in case of fire, or for the piirposes of
necessar}^ repairs or alterations, stop, turn off, or divert in part or
wholly, the \vater in any pipe or pipes, or other waterworks under his
control or management ; provided that, whenever possible, 24 hours'
notice shall be given to the consumers whose supply is about to be
cut off.

14.. (i) If damage shall be caused to the waterworks or to any
meter, valve, hydrant, stand-pipe, fountain, pipe, or other appliance,
used for the supply of water being the property of Government by
the agents, workmen, or servants of any owner or occupier liable
under this Enactment to the payment of assessment, or by persons
habitually residing in or on tlae land of any person so liable, com-
pensation for such damage shall be recoverable from such owner or
occupier.

(ii) If it shall be proved that damage has been done to any portion
of the waterworks or to any meter, valve, hydrant, stand-pipe,
fountain, pipe, or other appliance used for the supply of water, which
is the property of Government and situated within the boundaries of
any land in respect of which assessment is payable under this Enact-

DISTRICTS WATER SUPPLY (SELANGOR).

689

Power to shut
off supply for
contravention
of rules.

Power to make
rules for regula-
ting supply and
for the preven-
tion of waste.

ment, it shall be presumed until proof of the contrary that such
damage was caused by the owner or occupier of such land, or by his
agents, workmen, or servants, or by persons habitually residing on
such land.

15. All actions and prosecutions which may be lawfully brought Limitation of
against any person, for anything done or omitted to be done by such or'^ros^uUcZ!
person under this Enactment, shall be commenced within three

months after the offence complained of shall have been committed
and not otherwise.

16. The State Engineer shall have power to shut off the water
from any premises whatever at any time for any contravention of
any of the provisions of this Enactment or of any rules made here-
under ; provided always that on the day of so shutting off the water
he shall inform the occupier in writing of the reason of the water
being so shut off.

17. It shall be lawful for the Resident, with the approval of the
Resident-General, to make from time to time such rules as may
appear expedient for any of the following purposes :

(a) For preventing waste, misuse, or undue consumption of

the water supplied ;

(b) For directing the use and prescribing the size, nature,

strength, and materials and the mode of arrangement,
position, alteration, and repair of the pipes, valves, cocks,
cisterns, soil-pans, water-closets, and other apparatus
and receptacles, or anj^ of them to be used, respectively,
for carrying, delivering, rendering, and storing water ;

fittings to be used therefor, and the use of meters when
required ;

(d) For every other purpose relating to the supply or control

of water from the waterworks as shall be deemed necessary.

Such rules, when published in the Gazette, shall have the force of
law, and the contravention of any of them shall render the offender
liable on conviction to a penalty not exceeding fifty dollars for each
offence.

18. Every notice, order, or document required or authorized by service of
this Enactment or by any rule made thereunder to be served on any notices.
person may be served personally upon the person to whom it is
addressed or be left at his usual place of abode with some adult
member or servant of his family, or if it cannot with the exercise of
due diligence be so served may be affixed on some conspicuous part
of such place of abode, and shall thereby be deemed to be duly
served ; provided that if the place of abode of the owner or occupier
of any land, house, or building in respect of which such notice, order,
or document is required to be served be unknown, or if the owner or
occupier of such land, house, or building be not resident within the
water supply area, every such notice, order, or document shall be
deemed to be duly served if affixed on some conspicuous part of
such land, house, or building.

t— 44

Short title,
commencement,
and repeal.

Annual
contribution
to the Victoria
Institution.

Payment and
disposal of the
contribution.

Enactment No. 1 of 1914.

VICTORIA INSTITUTION.

An Enactment to repeal " The Education Rate Enact-
ment, 1908," and to provide for a contribution from
the public revenues towards the maintenance of the
Victoria Institution.

E. BURNSIDE,

Acting British Resident.

[10th February, 1914.
1st January, 1914.]

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. (i) This Enactment may be cited as " The Victoria Institution
Enactment, 1914," and shall come into force on the 1st day of
January, 1914.

(ii) Upon the coming into force of this Enactment the Enactment
specified in the schedule shall be repealed.

2. There shall be paid yearly and every year to the Trustees of
the Victoria Institution of Selangor, a body corporate created by the
" Victoria Institution Enactment, 1899, Amendment Enactment,
1899," a contribution of thirty thousand dollars from the public
revenues of the State.

3. The said contribution shall be paid by the State Treasurer by
quarterly instalments in January, AjDril, July, and October of each
year and shall be disposed of in the manner provided by the
" Victoria Institution Enactment, 1899, Amendment Enactment,
1899."

Schedule.
ENACTMENT REPEALED.

No. and year.

Short title.

6 of 1908 .

The Education Rate Enactment, 1908

690

Enactment No. 2 or 1915.

MUHAMMADAN CEMETERY RESERVE.

An Enactment to revest in His Highness the Sultan of
Selangor certain land situated at Kuala Lumpur.

E. G. Broadrick, [8th June, 1915.

British Resident. 18th June, 1915.]

Whereas by Notification No. 191, dated the 17th April, 1893,
expressed to be made under Sections 5 and 6 of the "Land Code,
1891," and pubHshed in the Gazette of the 28th April, 1893, it was
declared that the whole of the parcel of land, two acres and one
rood, or thereabouts, in extent, contained in lot 45 of section 4 of
the town of Kuala Lumpur, a plan whereof was deposited in the
Survey Office, Kuala Lumpur, was permanently reserved as a place
of burial for the Muhammadan inhabitants of Kuala Lumpur, and
that every disposition thereof, except for the purposes for which the
said reservation was made, should be absolutely void as well
against His Highness the Sultan as against all other persons whom-
soever :

And whereas by " The Muhammadan Cemetery Reserve Enact-
ment, 1904," a part of the said parcel of land was excluded from
the operation of the said notification and became vested in His
Highness the Sultan :

And whereas by " The Muhammadan Cemetery Reserve Enact-
ment, 1907," another part of the said parcel of land was excluded
from the operation of the said notification and became vested in
His Highness the Sultan :

And whereas it is now desirable that another part of the said
parce' of land should be excluded from the operation of the said
notification and should be vested in His Highness the Sultan :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as "The Muhammadan Short title and
Cemetery Reserve Enactment, 1915," and shall come into force m™itl^"°*
upon the publication thereof in the Gazette.

2. Upon the coming into force of this Enactment all the land certain land
comprised in allotment 62 of section 4 of the town of Kuala Lumpur, iiri^hnesa'the'*
containing an area of 39.75 perches, the boundaries whereof are suitan.

set out in the schedule, and which originally formed a part of lot
45 of section 4 of the said town, shall be excluded from the operation

691

692 MUHAMMADAN CEMETERY RESERVE (SELANGOR).

of Notification No. 191, published in the Gazette of the 28th April,
1893, and shall be vested in His Highness the Sultan absolutely.

The Schedule.

Boundaries. — Commencing at the northern corner of allotment
44, section 4, town of Kuala Lumpur, the boundary of allotment
G2 runs in a southerly direction along the western boundary of
allotment 44 aforesaid, bearing 173° 40' 20" and distance G5.6 links
to the north-eastern corner of allotment 45, section 4, town of
Kuala Lumpur ; thence in a Avesterly and south-westerly direction
following the northern and north-western boundaries of allotment
45 aforesaid, bearing 276° 53' 30", 69.7 links, and 241° 7' 40", 235.1
links to its westernmost corner ; thence in a north-westerly direction
bearing 330° 45' 40", 75 links ; thence in a north-easterly direction
bearing 61° 6' 40", 305.5 links ; thence in a south-easterly direc-
tion bearing 139° 9' 20", 56.5 links, to the point of commencement.

PART IV.

LAWS WHICH APPLY TO NEGRI SEMBILAN
ONLY UNREPEALED ON 31ST DECEMBER, 1920.

693

PART IV.

CHRONOLOOICAL INDEX OF LAWS WHICH APPLY TO NEGRI
SEMBILAN ONLY UNREPEALED ON ZIST DECEMBER, 1920.

Ko.

Tear.

1894

1895

1896

1900

1901

1902

1903

1909

1917

Short, title.
Prevention of Disease
Prevention of Crimes
Harbours

School Attendance
Vaccination

Stolen Property and Habitual Criminals
Secretary to Resident
Customary Tenure
Cultivation of Rice . .

Page
695
697
700
709
710
716
718
719
723

694

Regulation I of 1894.

PREVENTION OF DISEASE.

A Regulation for the better prevention of the introduction
of Contagious and Infectious Disease into the State.

R. N. Bland, [4th July, 1894.]

Officer-in-Charge.

Whereas a dangerous infectious disease is at present prevalent rreambie.

in the Colony of Hongkong and in certain districts in China,

and it is desirable to take precautions to prevent the spread of

the same to this State ; and whereas the importation into the

State of Chinese immigrants from such districts or from places in

communication with them may become a source of danger to the

inhabitants of this State ; and whereas it is expedient that in the

present and in all other like cases the Government should have

full powers to take immediate precaution for the preservation

of the public health :

It is hereby enacted by the Dato' Klana Putra of Sungei Ujong

and the Dato' Penghulu of Jelebu in Council, with the advice of

the Oflficer-in-Charge, as follows : —

1. This Regulation may be cited as the " Prevention of Disease short title.
Regulation, 1894."

2. Whenever any dangerous infectious or contagious disease has omcer-in-
broken out or exists at any port beyond the limits of the State or in ciiarge may
the country adjacent to such port from which Chinese immigrants Mouputunshr
are ordinarily imported into this State, it shall be lawful for the o°f'sec't[onsl°'f
Officer-in-Charge to declare by proclamation, to be published in and e with
such manner as to the Officer-in-Charge may seem fit, that the ciiinese''
provisions of Sections 3,4, and 6 of this Regulation shall be in force c",hiele*"*^ '^"^
within the State and shall have effect in respect of all such ships immigrant

as may sail from or call at any port named in such proclamation ^"^^'
after the date thereof, and every such proclamation shall remain
in force until cancelled by Government notification published for
the purpose in the Selangor Government Gazette.

3. So long as any proclamation made under the provisions of provisions as to
this Regulation remains in force — Chinese

'-' immigrants and

(i) It shall not be lawful for any Chinese immigrant who arrives Chinese

n-i • • ■ i 1 • 1-1 1 1 • 1 immigrant ships

in any Chmese immigrant ship on a voyage on which such ship has during time of
called at any port named in such proclamation to land in the State. P^'^'aniatiou.

(ii) It shall not be lawful for the master of any Chinese immi-
grant ship which has started from or called at any port named in
such proclamation to disembark or to suffer to disembark any
Chinese immigrant at any place within the State.

(iii) The owner, agent, consignee, and master of any Chinese
immigrant ship which having started from or called at any port
named in such proclamation shall arrive at any port or place in the
State, shall be legally bound to cause such ship to leave the waters
of the State without disembarking any Chinese immigrant within
twenty-four hours after the receipt by him of written notice from

695

696 PREVENTION OF DISEASE (NEGRI SEMBILAN),

Communication
with Chinese
imniiM;rant ships
forbidden
during time of
proclamation.

Meaning of
" Chinese
immigrant "
and " Chinese
immigrant
ship."

Rules as to
entry of ships
into the ports of
the State during
time of
proclamation.

Penalty,

the District Officer, Port Dickson, or his deputy, requiring him to
do so.

(iv) Any Chinese immigrant disembarking or attempting to dis-
embark from a Chinese immigrant ship contrary to the provisions
of this Regulation shall be liable on conviction to a fine not exceeding
fifty dollars and to imprisonment of either description not exceeding
six months, or to both such punishments, and the master of any
Chinese immigrant ship who suffers any Chinese immigrant to
disembark and any person aiding or abetting any Chinese immigrant
in disembarking from a Chinese inmiigrant ship contrary to the
provisions of this Regulation, shall be liable to a fine not exceeding
one hundred dollars for every immigrant whose disembarkation has
been so suffered, aided, or abetted, or to imprisonment of either
description not exceeding six months, or to both such punishments,
and any owner, agent, consignee, or master of a Chinese immigrant
ship who after the expiration of twenty-four hours from the service
upon him of the notice mentioned in sub-section (iii) shall suffer
such ship to remain within the waters of the State, shall be liable
on conviction to a fine not exceeding five hundred dollars for every
day or part of a day during which such ship shall have remained
within the Avaters of the State in contravention of this Regulation,
or to imprisonment of either description not exceeding six months,
or to both such punishments.

4. So long as any proclamation made under the provisions of this
Regulation remains in force any person other than the Residency
Surgeon, the District Officer, Port Dickson, or the officers of either
of them, who shall communicate or attempt to communicate with
a Chinese immigrant ship at any place other than Port Dickson,
shall be guilty of an offence, and shall be liable on conviction to a
fine not exceeding one thousand dollars, and to imprisonment of
either description not exceeding six months, or to both such punish-
ments.

5. The expression " Chinese immigrant " as used in this
Regulation, shall be held to mean any Chinese brought to the State
from China in any Chinese immigrant ship, not being first or second
class cabin passengers ; and the expression " Chinese immigrant
ship " shall be held to mean a ship bringing Chinese immigrants,
exceeding twenty in number, to the State.

6. So long as any proclamation made under the provisions of this
Regulation remains in force, the Officer-in-Charge may from time
to time make, and when made, revoke or vary, such rules as may
appear to him necessary or expedient for prohibiting the entry into
any port of the State of any ship arriving from China, French Indo-
China, Borneo, or Siam, pending such enquiry or examination as
may be prescribed in such rules. All such rules shall be published
in the Selangor Government Gazette and shall have the force of law
until the publication of a Government notification cancelling the
proclamation.

7. The Officer-in-Charge may, in making any rules under the
preceding section, attach to the breach of any of such rules a
penalty on conviction before a Magistrate not exceeding five hundred
dollars, or imprisonment of either kind not exceeding six months,
or both.

Order in Council VI of 1895.

As amended by N.S. E. 2 of 1897, 8 of 1900, and 11 of 1902.

PREVENTION OF CRIMES.

Martin Lister, [19th October, 1895.]

Briiish Resident,

Whereas it is expedient to make provision for the more effectual preamble.

prevention of crimes :

It is hereby enacted by His Highness the Yam Tuan and Chiefs

of the Negri Sembilan in Council, as follows : —

1. When any person is convicted of a crime and a previous con- Punishment
viction of a crime is proved against him, he shall, at any time within offenders!
three years immediately after the expiration of the sentence passed
upon him for the last of such crimes, be guilty of an offence against
this Order, and be liable to rigorous imprisonment for a term not
exceeding one year, under the following circumstances, or any of
them : —

(i) If on his being charged by a police officer with getting his
livelihood by dishonest means, and, being brought before a court
of summary criminal jurisdiction, it appears to such court that
there are reasonable grounds for believing that the person so charged
is getting his livelihood by dishonest means ; or,

(ii) If on being charged with a crime and on being required by a
court of summary criminal jurisdiction to give his name and address,
he refuses to do so, or gives a false name or address ; or,

(iii) If he is found in any place, whether public or private, under
such circumstances as to satisfy the court before whom he is brought
that he was about to commit, or to aid in the commission of, any
crime, or was waiting for an opportunity to commit, or to aid in the
commission of, a crime ; or,

(iv) If he is found in or upon any dwelling house, or any building,
yard, or premises, being parcel of, or attached to, any such dwelling
house, or in or upon any shop, warehouse, counting house, office,
factory, dock, wharf, machine house, or other place of work or
business, or in any plantation, garden, orchard, pleasure ground, or
nursery ground, or in any building or erection in any plantation,
garden, orchard, pleasure ground, or nursery ground, or other similar
place, without being able to account, to the satisfaction of the court,
for his being found in or upon such place.

* * * * * E. 8 of 1900.

3. When any perso)i, is convicted before any court superior to a After second
Court of a Magistrate of the Second Class of a crime, and a previous court may order

OQ_ police super-

"" • vision.

698 PREVENTION OF CRIMES (NEGRI SEMBILAN).

N.S. 11 of I'JOL'.

Chan Re of
rcsicU'Mce to
bo notilied.

Harbouring
reputed thieves.

conviction of a crime is proved against him, the court may, in addition
to any other punishment which it may award to him, direct that he is to
he subject to the supervision of the police for a period of three years,
or such less period as the court may direct, commencing immediately
after the expiration of the sentence passed on him for the last of such
crimes.

4. Every person subject to the supervision of the police, who is
at hxrge in the Htate, shall notify the place of his lesidence to the
chief ])olice ofhcer of the district in which his residence is situated,
and shall, whenever he changes such residence within the same
police district, notify such change to the chief police officer of that
district ; and whenever he changes his residence from one police
district to another, shall notify such change of residence to the
chief police officer of the police district which he is leaving, and to
the chief police officer of the police district into which he goes to
reside ; moreover, every person subject to the supervision of the
police, if a male, shall, once in each month, report himself, at such
time as may be prescribed by the chief police officer of the district
in which such holder may be, either to such chief police officer
himself, or to such other person as that officer may direct.

If any person subject to the supervision of the police, who is at
large in the State, remains in any place for forty-eight hours with-
out notifying the place of his residence to the chief police officer
of the district in which such place is situated, or fails to comply with
the requisitions of this section on the occasion of any change of resi-
dence, or with the requisitions of this section as to reporting himself
once in each month, he shall, in every case, unless he proves to the
satisfaction of the court before which he is tried, that he did his best
to act in conformity with the law, be guilty of an offence against
this Order, and, upon conviction thereof, he shall be subject to
imprisonment, rigorous or simple, for any period not exceeding
one year.

Courts of summary criminal jurisdiction shall have jurisdiction to
try offenders under this section.

5. Every person who occupies or keeps any lodging house, beer
house, eating house, coffee house, or place licensed as a public house,
retail spirit shop, or farm shop, or any brothel, or any place of public
entertainment or public resort, and knowingly lodges or knowingly
harbours thieves or reputed thieves, or knowingly permits or know-
ingly suffers them to meet or assemble therein, or knowingly allows
the deposit of goods therein, having reasonable cause for believing
them to be stolen, shall be guilty of an offence against this Order,
and be liable to a penalty not exceeding fifty dollars, and, in default
of payment,to be imprisoned for a period not exceeding four months,
and the court before which he is brought may, if it think fit, in
addition to, or in lieu of, any penalty, require him to enter into
recognisances, with or without sureties, for keeping the peace, or
being of good behaviour, during twelve months, provided that —

(i) No person shall be imprisoned for not finding sureties in
pursuance of this section for a longer period than three
months ; and

PREVENTION OF CRIMES (NEGRI SEMBILAN). 699

(ii) The security required from a surety or cautioner sliall not
exceed one hundred dollars.

6. Any license for the sale of Siny intoxicating liquors or drugs, n.s. 2 of 1897.
or for keeping any place of public entertainment or public resort,
which has been granted to the occupier or keeper of any such house
or place as aforesaid, may, in the discretion of the court, be forfeited
on his first conviction under Section 5 and on his second conviction
for such an offence his license shall be foreited, and he shall be
disqualified for a period of two years from receiving any such license ;
moreover, where two convictions under Section 5 have taken place
within a period of three years in respect of the same premises,
whether the persons convicted were or were not the same, the court
shall direct that, for a term not exceeding one year from the date
of the last of such convictions, no such license as aforesaid shall
be granted to any person whatever in respect of such premises ;
and any license granted in contravention of this section shall be
void.

***** B. 8 of moo.

10. The expression " crime," as used in this Order, means any interpretation.
offence punishable by penal servitude, or rigorous imprisonment, for

not less than two years, so that, in the latter case, the imprisonment
is not by way of alternative punishment for non-payment of a fine
imposed ; and shall include cases in which the punishment of death
has been commuted to penal servitude, or rigorous imprisonment.

11. Any act or thing by this Order authorized to be done by the
chief police officer may be done by any police officer authorized by
him in that behalf.

12. This Order may be cited as the " Prevention of Crimes Order, short title.
1895."

Enactment VII of 1896.

As amended by N.S. 20 of 1899, 8 of 1900, and 3 of 1905.

HARBOURS.

An Enactineiit for tlie more efficient management of the
Ports and Harbours of the State of Negri Sembilan.

Martin Lister, [December loth, 1896.]

British Resident.

Preamble.

Short title.

Interpretation.

Places subject
to this Enact-
ment.

Definition of
limits of such
places.

How this
Enactment may
affect diSerent
places.

Declarations
under Section 4
to be published
in Oovernment
Oazelte.

Whereas it is expedient to provide rules for the more efficient
management of the Ports and Harbours of the State of Negri
Sembilan :

It is hereby enacted by His Highness the Yam Tuan and Chiefs
in Council as follows : —

1. This Enactment may be cited as the " Harbours Enactment,
1896."

2. In this Enactment the expression " master," or " master of
vessel," shall include the person in charge of such vessel. The
expression " the Resident " means the British Resident of Negri
Sembilan, and the expression " the State " means the State of
Negri Sembilan.

3. It shall be lawful for the Resident by a proclamation in the
Government Gazette to declare any port in the State, and any
navigable river or channel, to be subject to this Enactment.

4. Every declaration, by which any port, navigable river, or
channel shall be made subject to this Enactment, shall define the
limits of such port, navigable river, or channel ; such limits shall
extend always up to high-water mark ; and may include any piers,
jetties, landing-places, wharves, quays, docks, and other similar
works, whether within or without the line of high-water mark, and
(subject to any rights of private property therein) any portion of
the shore or bank within fifty yards of high-water mark ; the limits
so declared may be altered from time to time by the Resident.

5. When any such port, or navigable river, or channel has been so
declared to be subject to this Enactment, all the provisions of this
Enactment, or such provisions only as the Resident may specially
declare, shall have effect in such ports, navigable rivers, and channels.

6. Every declaration of the Resident made in pursuance of Section
4 of this Enactment shall be published in the Government Gazette, or
in such other public manner as the Resident may direct, and a copy
thereof shall be fixed up in some conspicuous place in the office of the

700

HARBOURS (NEGRI SEMBILAN). 701

Conservator of the port to which such declaration or order shall
relate.

7. (i) Such officers as the Resident may appoint shall be the Appointment of
Conservators of such ports, navigable rivers, and channels, subject conservators.
to this Enactment, respectively.

(ii) For the purposes of this Enactment the word " port " shall,
unless such construction be inconsistent with the context, include all
such navigable rivers and channels leading thereto as shall for the
time being be subject to the provisions of this Enactment.

8. (i) The Resident may appoint at any port subject to this Health officer.
Enactment an officer to be called the Health Officer, and may suspend

or remove from office any officer so appointed.

(ii) A Health Officer shall, subject to the control of the Resident,
have the following powers within the limits of the port for which he
is appointed — namely:

(a) Power to enter on board any vessel and inspect the provisions
and water provided for the use of the crew or passengers,
and the accommodation for seamen or passengers, for the
purpose of ascertaining the fitness of the same ;

(6) Power to enter on board any vessel and medically examine all
or any of the seamen or apprentices on board the vessel ;

(c) Power to require and enforce the production of the log-book
and any other books, papers, or documents which he thinks
necessary for the purpose of enquiring into the health and
medical condition of the persons on board the vessel ;

{(l) Power to call before him and question for any purpose all or
any of those persons, and to require true answers to any
questions which he thinks fit to ask ;

(e) Power to require any person so questioned to make and sub-
scribe a declaration of the truth of the statements made
by him.

9. The Government shall not be responsible for any act or default Government

of any Conservator of any port subject to this Enactment or of his for'^acTor'defauit

deputv. °^ Conservator

■^ *^ ' or his deputy.

10. The Resident may from time to time make such port rules as Power to make
he may think necessary for any of the following purposes in any of p*'"'*^ ''"'*^*'-
the above-mentioned ports : —

(a) For regulating the berths and stations to be occupied by

vessels ;

(b) For regulating vessels whilst taking in or discharging ballast

or cargo ;

necessary within any such port, river, or channel, and along
or near to the piers, jetties, landing-places, wharves, quays,
docks, moorings, and other similar works in or adjoining
the same ; and for marking out the spaces so to be kept
free ;

(d) For regulating the anchoring, fastening, mooring and un-

mooring and warping of all vessels, and the use of warps,
mooring buoys, chain and other moorings ;

702

HARBOURS (NEGRI SEMBILAN).

Penalty for
refusiiiK or
ncfjlfK'ting to
obey direction
of Conservator.

(e) For enforcing and regulating the use of signals and of signal
lights by vessels ;

(/) For regulating the flags and signals to be used by vessels
arriving at, lying in, and departing from, any port ;

{(j) For regulating the manner in which vessels arriving are to be
boarded by an officer of the Conservator's department,
and the entries to be made in such officer's books of arrivals ;

{h) For regulating the use by vessels of steam-whistles, steam-
syrens, or other like instruments.

Such port rules shall be published in the Government Gazette, and
shall have the same force and effect as if enacted in this Enactment,
and every person convicted of a breach of any of the port rules so
made and published, shall be liable on conviction to a penalty not
exceeding fifty dollars.

11. If any person shall wilfully, and without lawful excuse, refuse
or neglect to obey any direction of the Conservator, given under the
provisions of this Enactment, after notice thereof shall have been
given to him, such person shall, for every such offence, be liable on
conviction to a penalty not exceeding fifty dollars, and a further sum
not exceeding ten dollars for every day on which he shall wilfully
continue to disobey such direction : and in case of such refusal or
neglect, it shall be lawful for the said Conservator to do, or to cause
to be done, all such acts as shall be reasonable or necessary for the
purpose of carrying such direction into execution, and to hire and
employ proper persons for that purpose ; and all reasonable expenses
which shall be incurred in doing such acts, shall be paid and borne
by the person or persons so offending.

12. The master of every vessel anchoring in any of the ports of
the State, or going alongside any wharf in any port, shall forthwith
report, or cause to be reported, the arrival of his vessel at the office
of the Conservator of the port, and shall deposit, or cause to be
deposited, there a copy of the manifest of cargo to be discharged or
tranship j)ed in the port, and a statement of passengers on board,

13. The master of every vessel anchoring in any of the above-
mentioned ports for the first time after the publication of this Enact-
ment shall forthwith deposit at the office of the Conservator a certifi-
cate from the port of registry of such vessel setting forth the number
of passengers of all classes which such vessel is permitted to carry and
the nature and extent of the accommodation to be provided for
them, and any change made in the same at the port of registry must
be notified in the same manner upon the next arrival of the vessel.

Penalty fornot 14. Evcry mastcp who shall fail to lodge a manifest statement
with°™ctions ^^^ certificate as required by the two preceding sections shall be
12 and 13. liable to a penalty not exceeding one hundred dollars.

Penalty for 15. Every master of a vessel who is found to have carried pas-

namberot^'^^^^ scugcrs of any dcscriptioii in excess of the number, or in a manner

passengers. not authorized by his ship's certificate, shall be liable on conviction

to a penalty of one hundred dollars, and to a further penalty not

Master of
vessel to rejiort
arrival.

Duty of master
of vessel enter-
iiic port for first
time after issue
of this Enact-
ment.

HARBOURS (NEGRI SEMFULAN). 703

exceeding ten dollars for every passenger beyond the number for
whom accommodation existed in the ship as required by law.

***** N.S. 3 of 1905.

17. No vessel carrying more than fifty passengers other than vessels with
cabin passengers shall carry as cargo or ballast any gunpowder or JJi." ^ "^ assen^e^a
other explosive substance other than safety cartridges. on board not to

carry explosive
substances.

18. The master of every vessel arriving at any of the ports, on vessels having
board of which any person has suffered from small-pox or cholera ("'oiera°o^i*^'^
since the departure of the said vessel from the last port at which she board.
touched, or having on board persons suffering from small-pox or
cholera, shall hoist and keej) displayed at the main-mast head the

usual yellow quarantine flag, and shall not enter the port till visited
by the Health Officer, nor till permitted by the Conservator,

19. No boat shall go alongside any vessel arriving at any of the No boat to eo
ports, unless and until permitted by the master, and no boat shall pifrmitted by^^*
be made fast astern of any vessel in any of the ports at a greater the master.
distance from the stern of such vessel than three fathoms. The

boats of the Conservators of the ports, police, and health officers Exemption.
are exempted from the operation of this section.

20. Every vessel within the limits of any of the ports shall have vessels to be
at all times on board a sufficient number of men to veer cable, ^''^"y ma'^c''-
let go anchors, brace the yards up, or lower a boat in case of accident.
Provided always that, in the event of any vessels being laid up and Proviso.
not intended for navigation, it shall be lawful for the Conservator

of the port to assign a place within the limits of the port where
such vessels may be anchored and be exempted from the oj)eration
of this section.

21. The owner or master of any vessel or any other person Penalty for
offending against any of the provisions of Sections 16, 17, 18, 19, sertiorTsTG.T?,
20, shall be liable on conviction to a penalty not exceeding fifty ^^' ^^' '^"'^ ^'^•
dollars.

22. No vessel shall leave any port without a port clearance to vessels not to
be issued by the Conservator, or other officer duly authorized JTorrciearance.'*
thereto, and the owner or master of any vessel offending against

this section shall be liable on conviction to a penalty not exceeding
five hundred dollars. Provided that nothing herein contained Proviso.
shall be held to apply to any vessel arriving at any port at any
time when the office of the Conservator is closed for business,
and leaving the port before such office is again opened for business.

23. No master of a vessel shall discharge therefrom, or force No seaman to
therefrom, or wilfully or negligently leave behind him in the State, uni'esfon'^^^'*
any seaman brought to the State therein, or shipped in the State, certincateof
unless on a certificate by the Conservator of the port, under a
penalty not exceeding fifty dollars for each seaman so discharged,

forced, or left behind ; and any seaman wilfully or negligently
remaining behind in the State after the departure of the vessel
in which he shall have arrived or shipped, without such certificate,
shall, on conviction, be liable to a penalty not exceeding twenty-five
dollars.

704

HARBOURS (NEGRI SEMBILAN).

Moorings,
buoy 8, etc.

Penalty for
Interfering
witli.

Conservator to
replace or repair
and charge to
person
convicted.

Penalty for
unlawfully
loosening or
removing any
vessel in port.

Imprisonment
not to relieve
from damages
under civil
action.

Penalty for
causing
obstruction to
navigation in
port.

Conservator
may remove
timber, etc.,
afloat or on
quay, and
charge expenses
to owner.

The Conservator shall not be required to issue a certificate under
this section, unless in case of serious illness incapacitating the sea-
man from duty on board his ship, or unless the seaman shall at the
time of tlie shi];)'s departure be undergoing sentence of imprison-
ment, and in every other case a certificate shall not be issued until,
and unless, the master or owner of the vessel shall have made
such provision for the seaman by procuring other employment, or
otherwise, as will prevent the seaman from becoming a charge on
the State.

24. It shall be lawful for the Resident to cause or permit to be
fixed and laid down such moorings, buoys, beacons, and sea or
land marks, as may seem to him to be necessary to assist in the
navigation of any of the ports, rivers, or channels subject to this
Enactment.

25. If any person shall wilfully, and without lawful excuse, lift,
injure, loosen, or set adrift any such moorings, buoys, beacons, and
sea or land marks in any port, river, or channel subject to this
Enactment, he shall for every such offence be liable to a penalty
not exceeding five hundred dollars, or to imprisonment, rigorous
or simple, for a period not exceeding three months.

26. Any moorings, buoys, beacons, or land or sea marks affected
shall be forthwith replaced or repaired by the Conservator ; and
all expenses incurred thereby shall be chargeable to the person
convicted.

27. If any person shall wilfully, and without lawful excuse loosen,
or remove from its moorings, or from its fastenings alongside any
wharf or landing-place, any vessel within any such jDort, river, or
channel, without leave or authority from the owner or master of
such vessel, or of the manager or i^erson in charge of such wharf
or landing-place, such person shall, for every such offence, be
liable to a penalty not exceeding five hundred dollars, or to im-
prisonment, rigorous or simple, for a period not exceeding three
months.

29. If any person shall, without lawful excuse, cause any obstruc-
tion or impediment to the navigation of any port, river, or channel
subject to this Enactment, or shall do, or omit to do, any act
likely to cause any obstruction or impediment to such navigation,
the Conservator may cause such obstruction or impediment to be
removed, and every person causing any such obstruction or im-
pediment shall be liable to a penalty not exceeding one hundred
dollars, and also to pay all reasonable expenses which shall be
incurred in abating or removing such obstruction or imj^ediment.

HARBOURS (NEGRI SEMBILAN). 705

mooring, or other work, on any part of the shore or bank which has
been declared to be within the limits of such port, river, or channel,
and is not private property ; and the owner of any such timber,
or raft, or other thing, shall be liable to pay the reasonable expenses
of such removal.

30a. (i) A master of a vessel shall not cause or suffer any warp
or hawser attached to his vessel to be left out in any port subject
to this Enactment after sunset in such a manner as to endanger
the safety of any other vessel navigating in the port.

(ii) A master offending against this section shall be liable on
conviction to a penalty not exceeding one hundred dollars.

31. If any vessel shall be WTecked, stranded, or sunk in any such conservator
port, river, or channel, or in any place within State waters adjacent ™estro^"vJsseis
thereto, so as to impede, or be likely to impede, the navigation wrecked, etc.,
thereof, the Conservator may cause the same to be raised, removed, expensesTo
or destroyed, and all expense incurred in the raising, removing, o^'ier.

and destroying of such vessel shall be borne by the owners thereof.

32. If any obstruction or impediment to the navigation of any compensation
port, river, or channel, subject to this Enactment, shall have been |°^,f^^"°^*' °^
lawfully made, or shall have become lawful by reason of the long impediment,
continuance of such obstruction or impediment, or otherwise, the
Conservator shall report the same for the information of the
Resident, who may cause the same to be removed or altered,
making to the person or persons who suffer damage by such
removal or alteration reasonable compensation for the same. If

any dispute arise concerning such compensation, the matter in
dispute shall be determined according to the law now, or hereafter
to be, in force in the State relating to the determination of disputes
as to the price of land required for public purposes.

33. If any ballast or rubbish, or if any other thing likely to penalty for
form a bank or shoal, or to be detrimental to navigation, shall, ^"'og-^of
without the permission of the Conservator or other lawful excuse, rubbish or
be cast or thrown into any such port, river, or channel, or into

or upon any place or shore from which the same shall be liable to
be washed into any such port, river, or channel, either by ordinary
or high tides, or by storms or land floods, the person who shall so
cast or throw the same, or cause the same to be so cast or thrown
as aforesaid, and the master of any vessel from which the same
shall be cast or thrown, shall forfeit and pay a sum not exceeding
one hundred dollars, over and above any expenses which may be
incurred in removing the same.

34. No dead body, or the carcass of any animal, shall be thrown no dead body,
overboard or into the seas, rivers, or channels within the limits o^wboard °'***
of the ports, under a penalty not exceeding fifty dollars, and any within port
expenses incurred in burying or otherwise disposing of any dead

body or carcass so thrown over shall be chargeable on the owner
or master of the vessel from which the same may have been thrown.

35. The master or person in charge of every vessel Ijdng at Light to be
anchor within any of the ports, rivers, or channels subject to this bet'ween'lunset
Enactment, shall, between sunset and sunrise, exhibit, or cause and sunrise.
to be exhibited, where it can best be seen, but at a height not

1—45

706

HARBOURS (NEGRI SEMBILAN).

No person to
grave, bream,
or iiiioke any
vessel within
port limits.

Naked lights
not to be used
near inflam-
mable liquids.

Vessels on Are
within port
limits.

N.S. 26 of 1899.

Shingle, etc.,
neither to be
carried from
nor deposited
within port
limits, without
consent of
Conservator.

Penalty.

Conservator to
have the right
to board ,%ny
vessel.

exceeding twenty feet above the hull, a white light in a globular
lantern of at least eight inches in diameter, and so constructed
as to show a clear, luiiform, and unbroken light all round the
horizon, visible at a distance of at least one mile : and the master
or person in charge of every such vessel in which a light shall not
be exhibited, as required by this section, shall be liable on con-
viction to a penalty not exceeding fifty dollars.

36. If any person shall grave, bream, or smoke any vessel in any
port, river, or channel subject to this Enactment, or shall boil or
heat any pitch, tar, resin, dammar, turpentine, oil, or other such
combustible matter on board any vessel within any such port,
river, or channel, at any time or within any limits at or within
which such act shall be prohibited by any order of the Resident,
or contrary to the orders or directions of the Conservator, every
such person, and also the master of such vessel, shall be liable
on conviction to a penalty not exceeding one hundred dollars.

37. If any person shall use a naked light to draw off spirits,
turpentine, or inflammable oils, or inflammable liquids of any kind,
on board any vessel in any port, river, or channel subject to this
Enactment, every such person, and also the master of every such
vessel, shall be liable on conviction to a penalty not exceeding
one hundred dollars.

38. In the event of fire breaking out on board any vessel in any
of the ports, rivers, or channels subject to this Enactment, it shall
be lawful for the Conservator of the port to proceed on board
such vessel, with such assistants and persons as to him may seem
fit, and to give such orders as may seem to him necessary for
scuttling such vessel or for removing such vessel to such place
as may to him seem proper to prevent, in either case, danger to
other vessels ; and if such orders are not forthwith carried out
by the master of such vessel, the said Conservator may himself
proceed to carry them into effect.

41. No person, without the permission of the Conservator, shall
remove or carry away any rock, stones, shingle, gravel, sand, or
soil, or any artificial protection from any part of the bank or
shore or such port, river, or channel, and no person shall sink
or bury in any part of such bank or shore, any mooring-post,
anchor, or any other thing which is likely to injure, or to be used
so as to injure, such bank or shore, except with the permission
of the said Conservator, and with the aid or under the
inspection of such person or persons (if any) as he may appoint
to take part in or overlook the performance of such work.

Every person offending against any of the provisions of this
section shall be liable on conviction to a penalty not exceeding
one hundred dollars for every such offence, and to pay the expenses
of repairing the injury (if any) done to such bank or shore.

42. The Conservator may, whenever he shall suspect that any
offence has been or is about to be committed in any vessel, con-
trary to this Enactment, or whenever he considers it is necessary
for him so to do in the discharge of any duty imposed upon him

HARBOURS (NEGRI SEMBILAN). 707

by this Enactment or otherwise by law, go, either alone or with
any other person or persons, on board any vessel within the limits
of any port, river, or channel subject to this Enactment. If the
master of such vessel shall, without lawful excuse, refuse to allow
any such Conservator, or any of his assistants, or other officers
or persons authorized by him, so to enter such vessel, he shall, for
every such offence, be liable on conviction to a penalty not
exceeding one hundred dollars.

43. Any person who shall wilfully obstruct or hinder any person Penalty of

in the execution of any duty imposed, or power conferred, by this pereM^''"^ *°^
Enactment, or shall assault or ill-treat him in the discharge of ^'I'^'^^^^il,

1 1 1 • 1 • n 1 in« QUty under tnla

such duty, or m the exercise oi such power, shall, for every such Enactment.
offence, be liable on conviction to a penalty not exceeding one
hundred dollars.

44. All acts, orders, or directions by this Enactment authorized Government
to be done or given by any Conservator, may be done or given by under authority
any person in the service of Government subject to his control oi conservator;
and duly authorized by him. And any person authorized to do

any act may call to his aid such assistance as may be necessary.

45. All offences against this Enactment shall be punishable in oflencea

a summary manner by a magistrate on information by, or by aTj^a'rV
order of, the Conservator, or by any other person authorized by '^^'^'^e'-
him thereto. And in addition to the means prescribed by law for
the recovery of penalties imposed by Magistrates in their summary
jurisdiction, it shall be lawful for a Magistrate, by warrant under
his hand, to cause the amount of any penalty imposed under this
Enactment upon the owner or master of any vessel for any offence
committed on board of such vessel, or in the management thereof,
or otherwise in relation thereto, whereof such owner or master
shall be convicted, to be levied by distress and sale of such vessel,
and the tackle, apparel, and furniture thereof, or so much thereof
as shall be necessary.

*****

N.S. 8 of 1900.

47. In every case in which any person shall be liable, under the Recovery of
provisions of this Enactment, to pay any sum of money, damages, P™a'"«s-
or expenses, the same may be recovered and levied in the same
manner as any penalty under this Enactment, and, if necessary,

the amount thereof may be fixed and assessed by the Magistrate
before whom the case shall be tried.

48. All expenses incurred for works authorized or required to Disputes as to
be done by a Conservator under Sections 11, 26, 29, 30, 31, 33, iXSe^a^"
34, 38, and 41, shall, if any dispute arise as to the amount, be magistrate.
ascertained before a Magistrate, and, when so ascertained, shall

be recoverable in the same manner as any penalty under this
Enactment ; and the Conservator may cause any timber, raft,
or other thing, or the materials of any vessel, boat, or %vreck, or of
any nuisance or obstruction, to be removed, or so much thereof as
may be necessary, to be sold by public auction, and may retain
all the expenses of such removal and sale out of the proceeds of
such sale ; and shall pay the surplus of such proceeds, or deliver
so much of the said timber or other materials as shall remain

708

HARBOURS (NEGRI SEMBILAN).

Service of
notices.

Prosecution
against officials
to be brought
within three
months ol date
of action com-
plained of.

Coming into
force of Enact-
ment.

unsold, to the owner or other person entitled to receive the same ;
and, if no such person appear, shall cause the same to be kept
and deposited in such manner as the Resident shall direct ; and
may, if necessary, from time to time, realize the expenses of
keeping the same, together with the expenses of such sale, by a
further sale of so much of the said timber or other materials as
may remain unsold, and the balance shall be paid to the person
entitled to the property ; and, if no person shall appear and claim
the same, it shall be paid into the Treasury. Provided, however,
that the amount so paid into the Treasury shall be refunded
without interest to any person who may thereafter establish his
right to the same.

49. Any written notice given under this Enactment which shall
be left for the master of any vessel with any person employed on
board thereof, or which shall be affixed in a conspicuous place on
board of such vessel, shall, for the purposes of this Enactment,
be deemed to have been given to the master thereof.

50. All actions and prosecutions which may be lawfully brought
against any person for anj^thing done, or intended to be done,
under this Enactment, shall be commenced within three months
after the thing complained of, and not otherwise.

51. This Enactment shall come into force upon the publication
thereof in the Government Gazette.

By Command of the Council of State.

Enactment III of 1900.

SCHOOL ATTENDANCE.

An Enactment to compel the Attendance of Malay
Children at Government Vernacular Schools.

E. W. Birch, [27th April, 1900.

British Resident. 11th May, 1900.]

It is hereby enacted by His Highness the Yang di Pertuan and
Chiefs in Council as follows : —

1. This Enactment may be cited as the " School Attendance short title
Enactment, 1900," and shall come into force on the publication ^^;>djo'«mence-
thereof in the Gazette.

2. The Order in Council of the 6th of April, 1889, is hereby Repeal.
repealed.

3. (i) From the commencement of this Enactment it shall be Power to
lawful for the Inspector of Schools, or any District Officer, to cause at™ndince
a notice to be served on the parent or guardian of any male Malay of children at
child, living within his district and being between the ages of seven

and fourteen years, requiring such child to attend the Government
vernacular school specified in the notice : and on the receipt of
such notice the parent or guardian of the child shall be lawfully
responsible for the regular attendance of the child at the school
specified for the hours during which the school is open for the
attendance of pupils.

(ii) No child shall be compelled to attend any school which shall
be distant more than two miles from his usual place of residence.

(iii) No child who has passed the highest standard in any Govern-
ment vernacular school shall be compelled to attend any school.

4. Any person lawfully responsible for the attendance at school Penalty.
of any child on proof before a Magistrate of such child's non-
attendance, and in the absence of reasonable excuse therefor, shall

be liable to a fine not exceeding five dollars for each offence, or, in
default of payment, to simple imprisonment for a period not
exceeding fourteen days.

709

Enactment No. 15 of 1901.
VACCINATION.

Officers
appointed.

An Enactment to extend and make compulsory the
practice of Vaccination.

Supply of
vaccine virus.

Parents, etc., to
cause children
to be vacci-
nated.

D. H. Wise,

Acting British Resident.

[9th October, 1901.]

It is hereby enacted by His Highness the Yang di Pertuan and
Chiefs in Council as follows : —

1. It shall be lawful for the Resident to appoint the State
Surgeon to be Superintendent of Vaccination for the State and the
District Surgeons to be Deputy Superintendents of Vaccination for
districts to be assigned to them, with such other Deputy Superin-
tendents and such public vaccinators and subordinate officers as
may be required for performing the duties prescribed by this Enact-
ment, and with such salaries or payments by fees as may seem
to be required, and to appoint the districts and places within which
the several district and subordinate officers shall carry on their
duties, and to make rules for the proper conduct of the duties of
the several officers so appointed.

2. It shall be the duty of the Superintendent and Deputy Super-
intendents of Vaccination to take measures, subject to the orders
of the Resident, for the regular supply of vaccine virus to the
several district and subordinate officers and to superintend the
distribution of the same.

3. The parent of every child in the State which may be of the
age of seven years or under, not being already vaccinated, shall
within three months of the coming into operation of this Enactment,
and the parent of every child which may hereafter be brought to
the State being of the age of seven years or under, not being already
vaccinated, shall within three months after its arrival in the State,
and the parent of every child born in the State shall within three
months after its birth, or where, in any of the above cases, by reason
of the death, illness, absence, or inability of the parent, or other
cause, any other person shall have the custody of such child, such
person shall, within three months after receiving the custody of
such child, take it, or cause it to be taken, to the public vaccinator
of the vaccination district in which it shall be then resident according
to the provisions of this Enactment, and the pubUc vaccinator to

710

VACCINATION (NEGRI SEMBILAN). 711

whom such child shall be so brought is hereby required, with all
reasonable despatch, subject to the conditions hereinafter mentioned,
to vaccinate such child.

4. Upon the same day in the following week when the operation inspection after
shall have been performed by the public vaccinator, such parent ^^^cination.
or other person, as the case may be, shall again take the child or

cause it to be taken to such place as may be directed by the public
vaccinator, there to be inspected by the Deputy Superintendent of
Vaccination, or such other person as the Resident may appoint for
the purpose, to ascertain the result of the operation, and the public
vaccinator may, if he see fit, take from such child lymph for the
performance of other vaccinations ; and in the event of the vaccina-
tion being unsuccessful, such parent or other person shall, if the
public vaccinator so direct, cause the child to be forthwith again
vaccinated and inspected, as on the previous occasion.

5. If any Deputy Superintendent of Vaccination shall be of certificate o(
opinion that any child is not in a fit and proper state to be success- vaccSin'
fully vaccinated he shall forthwith deliver to the parent, or other

person having the custody of such child, a certificate under his hand,
according to the form of Schedule B, that the child is then in a
state unfit for successful vaccination, which certificate shall remain
in force for two months and shall be renewable for successive periods
of two months until a Deputy Superintendent of Vaccination shall
deem the child to be in a fit state for successful vaccination, when
the child shall with all reasonable despatch be vaccinated, and the
certificate of successful vaccination duly given if warranted by the
result.

6. At or before the end of each successive period the parent, or Reserved
such person as aforesaid, shall take or cause the child to be taken to examination.
the Deputy Superintendent of Vaccination or other person appointed

for the purpose as aforesaid, who shall then examine the child, and
give the certificate according to the said Form B so long as he deems
requisite under the circumstances of the case.

7. If any such Deputy Superintendent of Vaccination, or other certificate of
person as aforesaid, shall find that a child who has been three times iTf^TaccfnationT
unsuccessfully vaccinated is insusceptible of successful vaccination,

or that a child brought to him for vaccination has already had the
small-pox, he shall deliver to the parent or other person as aforesaid
a certificate under his hand according to the form of Schedule C,
and shall also transmit a copy of the same to the Registrar of Births
and Deaths in the district within which the birth was registered,
but if such district be not known to him, or if the birth of the
child shall not have been registered, to the Registrar within whose
district the operation shall have been performed, and the child
shall thenceforth not be required to be vaccinated.

8. Every Deputy Superintendent or other person as aforesaid Certificate of
who shall have inspected the vaccination of any child and shall brsent to'" *°
have ascertained that the same has been successful, shall, within Registrar.
twenty-one days after the performance of the operation, transmit

by post, or otherwise, to the Registrar of the district as aforesaid a

712

VACCINATION (NEGRI SEMBILAN).

Ilogistiar to
give notice to
Tacclnate.

Book of notices
to vaccinate.

Private
Taccinatlon.

Penally for not
vaccinating.

Order to
vaccinate.

Further
penalty.

Offences.

certificate according to the form of Schedule D, certifying that the
said child has been successfully vaccinated, and upon request shall
deliver a duplicate thereof to the parent or other person as aforesaid.

9. The Deputy Registrar of Births and Deaths shall, within seven
days after the registration with him of the birth of any child, give
a notice in the form of Scliedule A to the jiarent, or in the event of
the death, illness, absence, or inability of the parent, to the person
having the custody of such child, requiring such child to be duly
vaccinated according to the provisions of this Enactment.

10. Every Deputy Registrar of Births and Deaths shall keep a
book in which he shall enter, in such form and manner as may be
directed by the Resident, minutes of the notices of vaccination
given by him as herein required and also register the certificates
transmitted to him as herein provided, and shall at all reasonable
times allow searches to be made therein, and upon demand give a
copy under his hand of any entry in the same on payment of a fee
of twenty-five cents.

11. It shall be lawful for any parent or other person to take any
child to be vaccinated by a medical practitioner instead of a public
vaccinator, and if any medical practitioner shall undertake such
vaccination he shall be liable to perform all the duties in connection
Avith such vaccination as are required by this Enactment to be
performed by the Deputy Superintendent of Vaccination, and shall
further be vested with the powers and authority conferred by this
Enactment on such Deputy Superintendent of Vaccination in
respect to such vaccination performed by him ; and the parent or
person taking any child to a medical practitioner for vaccination
shall be subject to the rules provided by this Enactment for vaccina-
tion by a public vaccinator as to the time and manner of such
vaccination, subsequent inspection, and certificates.

12. Every parent or person having the custody of a child who
shall neglect to take such child, or to cause it to be taken, to be
vaccinated, or after vaccination to be inspected according to the
provisions of this Enactment, and shall not render a reasonable
excuse for his neglect, shall be liable upon conviction before a
Magistrate to a penalty not exceeding five dollars, and the Magis-
trate may make an order under his hand and seal directing such
child to be vaccinated within a certain time ; and if at the expira-
tion of such time the child shall not have been so vaccinated, or
shall not be shewn to be then unfit to be vaccinated, the person
upon whom such order shall have been made shall be proceeded
against summarily, and unless he can shew some reasonable ground
for his omission to carry the order into effect, shall be liable, on
conviction before a Magistrate, to a penalty not exceeding twenty-
five dollars.

13. Every public vaccinator, medical practitioner, parent, or
person, as the case shall require, who shall neglect or omit to perform
any duty imposed in the several sections of this Enactment shall
be liable, upon conviction before a Magistrate, where not otherwise
specially provided for, to a penalty not exceeding ten dollars ; and

VACCINATION (NEGRI SEMBILAN). 713

every person who shall wilfully sign a false certificate or duplicate
under this Enactment shall be guilty of a misdemeanour and be
punishable accordingly.

14. Any person who shall produce or attempt to produce in any MUdomeanoars.
child or person by inoculation with variolous matter, or by wilful ^"'>°"'*''°"-
exposure to variolous matter, or to any matter, article, or thing
impregnated with variolous matter, or wilfully by any other means
whatsoever produce or attempt to produce the disease of small-pox

in any such child or person, shall be guilty of an offence, and shall
be liable, upon conviction before a Magistrate, to a penalty not Penalty,
exceeding one hundred dollars, or to be imprisoned for any term not
exceeding six months, or to both.

15. In any prosecution for neglect to procure the vaccination of R^'e of
a child, it shall not be necessary in support thereof to prove that

the defendant had received notice from the Registrar or any other
officer of the requirements of the law in this respect, but if the
defendant produce any such certificate as hereinbefore described,
or the Register of Vaccinations kept by the Registrar as hereinbefore
provided, in which the certificate of successful vaccination of such
child shall be duly entered, the same shall be sufficient defence for
him except in regard to the certificate marked B, when the time
specified therein for the postponement of the vaccination shall
have expired before the time when the information shall have been
laid.

16. The word " parent " shall include the father and mother of interpretation.
a legitimate child and the mother of an illegitimate child, and the

words '' medical practitioner " shall include any person authorized
by law in any European State or in the United States of America
to practise as a physician or surgeon, and shall also include persons
holding diplomas from any University in India of the degree of
Doctor of Medicine or Surgeon, and shall also include any person
to whom a license to vaccinate in a particular district may be
granted by the Resident.

17. It shall be lawful for the Resident to declare at what time Time of coming
this Enactment shall come into operation in any or all of the '"*^° op^^at on.
districts, and to exempt any district or part of a district from the
operation of the Enactment either temporarily or permanently.

18. No prosecution for any offence under this Enactment shall Prosecution :
be instituted, except by the authority of the Superintendent of iMUtuted.
Vaccination or a Deputy Superintendent of Vaccination.

19. This Enactment may be cited as "The Vaccination Enact- short title.
ment, 1901."

20. Negri Sembilan Order in Council of the 10th October, 1893, Repeal.
entitled " Vaccination," is hereby repealed.

SCHEDTJLE A.

I, the undersigned, hereby give you notice to have the child
(insert name if any), whose birth is now registered, vaccinated within
three months from the date of its birth, pursuant to the provisions

714 VACCINATION (NEGUI SEMBILAN).

and directions of " The Vaccination Enactment, 1901," and that in
default of your doing so you will be liable to a penalty of five dollars.

Dated this day of 190 .

(Signed) C. D.

Registrar of Births and Deaths for the District
of in the State of Negri Semhilan.

Schedule B.

I, the undersigned, hereby certify that I am of opinion that
, the child of of

in the District of in the State of Negri Sembilan,

aged , is not now in a fit and proper state to be

successfully vaccinated, and I do hereby postpone the vaccination
until the (a) day of 190 .

Dated this day of 190 .

(Signed) A. B.

Public Vaccinator of the District

[or A. B., of , Medical

Practitioner (i.e., M.D., L.A.C., or F.R.C.S., or
otherwise, as the case may be)].

Memo. — This is to be kept by the parent or other person to whom
it is given.

(a) This must not exceed two calendar months from the date of the
certificate.

Schedule C.

I, the undersigned, hereby certify that I have
times unsuccessfully vaccinated , the child

of of in the District of

in the State of Negri Sembilan, aged (or that the child

has already had small-pox, as the case may be), and I am of opinion
that such child is insusceptible of successful vaccination.

Dated this day of 190 .

(Signed) A. B.

Deputy Superintendent of Vaccination of the District

[or A. B., of , Medical

Practitioner {i.e., M.D., L.A.C., or F.R.C.S., or
otherwise, as the case may be)].

Memo. — This is to be kept by the parent or other person to whom
it is given.

VACCINATION (NEGRI SEMBILAN). 715

Schedule D.

I, the undersigned, hereby certify that , the child

of , aged , of in the District

of in the State of Negri Sembilan, has been

successfully vaccinated by rae.

Dated this day of 190 .

(Signed) A. B.

Public Vaccinator of the District

[or A. B., of , Medical

Practitioner {i.e., M.D., L.A.C., orF.R.C.S., or
otherwise as the case may be)].

Notice. — When the vaccination is performed by a medical prac-
titioner or licensed vaccinator he is to fill up and
sign this certificate and within twenty-one days
transmit it to the Registrar with whom the birth
was registered, or, if his district be not known, to
the Registrar of the district in which the operation
was performed.

The transmission may be by post or otherwise. In
such case " The Vaccination Enactment, 1901,"
imposes a penalty of ten dollars for default.

Enactment No. 11 or 1902.

Short title and
commence-
ment.

Fraudulent
possession of
property.

Second and
subsequent
convictions.

STOLEN PROPERTY AND HABITUAL CRIMINALS.

An Enactment to provide for the suppression of dealings
in stolen property, and to amend the " Prevention
of Crimes Order, 1895."

D. H. Wise,

Acting British Resident.

[15th October, 1902.
24th October, 1902.]

It is hereby enacted by His Highness the Yang di Pertuan and
Chiefs in Council as follows : —

1. This Enactment may be cited as " The Stolen Property and
Habitual Criminals Enactment, 1902," and shall come into force
upon the publication thereof in the Gazette.

2. (i) Whoever has in his possession or conveys in any manner
anything which may be reasonably suspected of being stolen or
fraudulently obtained shall, if he fail to account satisfactorily how
he came by the same, be liable to a fine not exceeding fifty dollars or
to imprisonment of either description for any term not exceeding
three months.

(ii) If any person charged with having or conveying anything
stolen or fraudulently obtained shall declare that he received the
same from some other person or that he was employed as a carrier,
agent, or servant to convey the same for some other person, the
Magistrate may cause every such other person and also, if necessary,
every former or pretended purchaser or other person through whose
possession the same shall have passed (provided that such other
person shall be alleged to have had possession of the same within
the jurisdiction of such Magistrate) to be brought before him and
examined and shall examine witnesses upon oath touching the same ;
and if it appear to such Magistrate that any person so brought before
him had possession of such thing and had reasonable cause to believe
the same to have been stolen or unlawfully obtained, such person
shall be liable to a fine not exceeding fifty dollars or to imprisonment
of either description for any term not exceeding three months.

(iii) The word " possession " in this section includes possession in
a house, building, ship, vessel, or other place as well as possession in a
street or public place.

3. Any person who having been convicted of an offence punish-
able under the preceding section or under Chapter XII or Chapter
XVII of the Penal Code is subsequently convicted of an offence
punishable under the preceding section shall be liable, if such

716

STOLEN PROPERTY (nEGRI SEMBILAN). 717

subsequent conviction is by a Court inferior to the Court of the Senior
Magistrate, to a fine not exceeding two hundred dollars or to
imprisonment of either description for any term not exceeding six
months or, if such subsequent conviction is by the Court of the Senior
Magistrate, to fine not exceeding one thousand dollars or to im-
prisonment of either description for any term not exceeding two
years.

4. (i) If information shall be given on oath to any Magistrate search under
that there is cause to suspect that any property which may be warrant.
reasonably suspected of being stolen or fraudulently obtained is

within any house, building, ship, vessel, or other place, then such
Magistrate may by warrant under his hand and the seal of the Court
directed to any police officer cause such house, building, ship, vessel,
or other place to be entered and searched at any hour of day or night.

(ii) The information mentioned in the preceding sub-section shall
describe the property which it is reasonably suspected has been stolen
or fraudulently obtained and shall also describe the house, building,
ship, vessel, or other place in which such property is suspected to be.

(v) The provisions of Sections 59 and 60 of the " Criminal Pro-
cedure Code, 1900," shall apply to searches made under this section.

5. Section 3 of the " Prevention of Crimes Order 1895 " is hereby Amendment of
repealed, and the following section is substituted therefor : * S^rorder*

1895.
* For the substituted section, see the " Prevention of Crimes Order 1895,"

page 697.

Enactment No. 12 of 1903.

SECRETARY TO RESIDENT.

An Enactment to substitute in Enactments the title
of '* Secretary to the Resident " for the title of
" Secretary to Government."

Walter Egerton,

British Resident.

[5th March, 1903.]

Preamble.

Short title and
commence-
ment.

" Secretary to
Eesident " to
be read instead
of " Secretary
to Govern-
ment."

Whereas by various Orders in Council, Regulations, and
Enactments certain powers and duties have been conferred and
imposed upon the Secretary to Government and whereas the title
of " Secretary to the Resident" has now been substituted for the
title of " Secretary to Government "; —

It is hereby enacted by His Highness the Yang di Pertuan and
Chiefs in Council as follows : —

1. This Enactment may be cited as " The Secretary to the Resi-
dent Enactment, No. 12 of 1903," and shall come into force upon the
publication thereof in the Gazette.

2. Whenever in any Order in Council, Regulation, Enactment,
or Notification in force at the commencement of this Enactment,
either the expression " Secretary to Government " or the expression
" Government Secretary " occurs, the expression " Secretary to the
Resident " shall be substituted therefor and be read instead thereof.

718

Enactment No. 17 of 1909.

As amended by N.S. 1 of 1911 and 1 of 1919.

CUSTOMARY TENURE.

An Enactment to provide for the preservation of Customary
Rights over certain lands.

H. Conway Belfield, [1st November, 1909.]

Acting British Resident.

Whereas certain lands in the administrative districts of Kuala Pilah
and Tampin have been and are lawfully occupied by the members of
certain tribes enumerated in the schedule in accordance with their
tribal custom, which is hereinafter referred to as " the custom " :

And whereas it is expedient that particulars of the said lands be
entered in the mukim registers of the said districts in accordance
with the provisions of Part III of " The Land Enactment, 1903,"
but so that nothing in such entries shall impede the due observance
of the custom :

And whereas particulars of certain of the said lands have already
been entered in the said mukim registers :

It is hereby enacted by His Highness the Yang di Pertuan and
Chiefs in Council as follows : —

1. (i) This Enactment may be cited as " The Customary Tenure short title, com-
Enactment, 1909," and shall come into force upon the publication c'^nStron.'*'"^
thereof in the Gazette.

(ii) This Enactment shall be read and construed with " The Land
Enactment, 1903," but so that nothing in that Enactment shall
be deemed to prevail against the provisions hereof.

2. (i) In the case of any land particulars of which have been or Record of cus-
may hereafter be entered in any of the mukim registers of the ^muLm""'^^
districts of Kuala Pilah, Jelebu, and Tampin in accordance with the register.
provisions of Part III of " The Land Enactment, 1903," it shaU be N.s.iofi9ii.
laAvful for the Collector, if he shall be satisfied that such land is
occupied subject to the custom, to add to the entry in the mukim
register the words " Customary Land " and authenticate the same

by his signature ; and the addition of such words so authenticated
to any entry in the said mukim registers shall, subject to the result
of any appeal to the Resident under Section 5, be conclusive proof
that the land to which such entry relates is occupied subject to
the custom.

719

720 CUSTOMARY TENURE (NEGRI SEMBILAN).

N.s. lofioio. (a) It shall also be lawful for the Collector in the case of the
alienation of lands by the State in the districts referred to in sub-section
(i) of this section to add to the entry in the tnvkim register the words
" Customary Land" and for him to authenticate the same by his
signature, and the addition of such words so authenticated to any entry
in the said mukim register shall, sid)ject to the result of any appeal to
the Resident u)tder Section 5 of this Enactment, be final and conclusive
proof that the land to which such entry relates is occupied as land
subject to the custom under Section 6 of this Enactment.

(ii) Whenever the words " Customary Land " shall have been
added under sub-section (i) or (i) (a) to any entry in a mukim
register, it shall be lawful for the Collector to add the same words
to any extract from the register issued pursuant to the said entry.

Maintenance of 3. Subjcct to the provisions of this Enactment, no land subject
the custom. ^.^ ^j^^ custom shall be transferred, charged, transmitted, or other-
wise dealt with except in accordance with the custom.

Limited right 4. (i) No land subjcct to the custom shall be transferred or charged

charged ''^ *" or leased except with the assent of the local headman of the tribe
N.s. iofi9i9. of the transferor or chargor or lessor, as the case may be ; and no
such land shall be transferred or charged to any person other than
a member of one of the tribes included in the schedule unless such
notice, in ^vriting or otherwise, of the intention to transfer or charge
as the Collector shall deem sufficient shall have been published in
the mukim in which the land is situate for a period of not less than
one month immediately preceding the execution of the transfer or
charge.

(ii) No instrument of transfer or charge or lease of land subject to
the custom shall be valid unless —

(a) the same be executed in the presence of such local headman

as aforesaid and of the Collector ; and

(b) the execution thereof by the parties and the assent thereto

of such local headman be evidenced by the certificate of
the Collector upon the face of the instrument that such
execution and assent were made and given in his presence ;
and

any rule made under Section 10 for the regulation of such
instruments.

Provided that in any case where the Collector after due enquiry
shall find that the assent of the local headman to any such transfer
or charge or lease as is in this section referred to is given contrary to
the custom, the Collector shall record such finding in writing, with
the grounds therefor, and shall not give the certificate mentioned in
clause (b) of sub-section (ii), except by order of the Resident made
under Section 5.

Provided further that in any case where the local headman shall
refuse his assent to such transfer or charge or lease as aforesaid or
shall absent himself after being duly notified of the place and time
arranged for the execution thereof, the Collector, if after enquiry he
shall find no reasonable or proper cause for the refusal of assent by

CUSTOMARY TENURE (NEGRI SEMBILAN) . 721

the local headman or for his absence, as the case may be, shall record
such finding in Avriting, with the grounds therefor, and thereupon the
provisions of this section prescribing the assent and the presence of
the local headman shall cease to apply to the said transfer or charge
or lease.

5. Any person dissatisfied with anything done by the Collector Appeal to
under Section 2 or with any refusal of the Collector to give the ^^''i^°*-
certificate mentioned in clause {b) of sub-section (ii) of Section (4)

may appeal to the Resident, who, after public notice shall have been
given in the mukim in which the land is situate of the time when and
the place where the appeal will be heard, shall duly investigate and
decide the matter, and such decision shall be final ; provided that
no appeal from such refusal of the Collector as aforesaid shall be
presented after the expiration of one month from the date of such
refusal.

6. (i) No land subject to the custom shall be sold in execution of Execution sales
a decree to any person who is not a member of the tribe of the g^ies! ^"^^^

j udgment-debtor.

(ii) No sale of any such land shall be ordered on the application
of a chargee under Section 45 of " The Land Enactment, 1903," until
the Collector shall have enquired from the local headman of the tribe
of the chargor whether any member thereof desires to pay the amount
due on the charge and the costs (if any) ; any member of the said
tribe shall thereupon, on payment to the chargee, through the Col-
lector, of the said amount due and costs and subject to the approval
of the Collector, be entitled to be registered as chargee in the place
of the chargee aforesaid, for the better securing the repayment of
the amount so paid, and upon such registration shall be entitled to
the same remedies against the land charged and against the chargor
to which the chargee aforesaid was entitled. If no member of the
tribe of the chargor desires to avail himself of the provisions of this
sub-section, the Collector shall make similar enquiry from the local
headmen of the other tribes included in the schedule, and thereupon
any member of any such tribe shall be entitled to pay the amount
due and, subject to the approval of the Collector, to be registered as
chargee in the same w^ay and with the same effect as if he were a
member of the tribe of the chargor. If no member of any tribe in-
cluded in the schedule desires to avail himself of the provisions of
this sub-section, it shall be lawful for the Collector to proceed as
if the said land were not subject to the custom, and if it be sold
pursuant to an order in that behalf under Section 45 of " The Land
Enactment, 1903," it shall cease to be subject to the custom.

7. If a person other than a member of one of the tribes included Effect of trana-
in the schedule acquire by transfer from the owner any land which is ofthe custom?'*
subject to the custom, and if the requirements of Section 4 shall have

been complied wdth in respect of such transfer, such land shall cease
to be subject to the custom.

8. When any land ceases to be subject to the custom, the Collector Kecord of cessa-
shall cancel in the mukim register and on the extract, if any, the of°th'e^cusTo''m!"*
words " Customary Land " as relating to such land.

1—46

722 CUSTOMARY TENURE (NEGRI SEMBILAN).

Prohibition oi 9- No grant shall be issued for any land occu])ied subject to the

grant. custoni. Provided that this section shall not apply to land alienated

N.s. 1 of 1911. i^y ^^^g ^^^^g under Section 2 sub-section (i) (a) of this Enactment.

noies. 10. (i) The Resident may, if he think fit, with the approval of

the Resident-General, from time to time make rules to embody the
custom, to prescribe the extent to which and the manner in which
dispositions of lands which are subject to the custom may be made
and recorded, and generally for the purpose of giving effect to this
Enactment ; all such rules shall be published in the Gazette and shall
thereupon, anything in " The Land Enactment, 1903," notwith-
standing, have the force of law,

(ii) The Resident may also, with such approval as aforesaid,
from time to time by notification in the Gazette add to or remove
from the schedule the name of any tribe.

The

Schedule.

LIST

TRIBES.

2.
3.
4.
5.
6.
7.

Biduanda
Batu Hampar
Sri Melenggang
Tanah Datar
Sri Lemak
Mungkal
Tiga Batu

8. Tiga Nenek

9. Paiah Kumboh

10. Anak Malaka

1 1 . Anak Achih

12. Batu Belang

13. Balu Ampar

Enactment No. 3 of 1917.

CULTIVATION OF KICE.

An Enactment to prohibit in certain cases the cultivation
of land otherwise than with rice.

A. H. Lemon, [25th October, 1917.

British Reside nt. Oth November , 1 9 1 7 . J

It is hereby enacted by His Highness the Yang di Pertuan and
Chiefs in Council as follows :

1. This Enactment may be cited as "The Cultivation of Rice short title and
Enactment, 1917," and shall come into force on the pubHcation ^^™^''''^"
thereof in the Gazette.

2. In this Enactment — interpretation.
" the Collector " means a Collector or Assistant Collector duly

appointed under " The Land Enactment, 1911."

" holding " means land comprised in one grant or certificate of
title or Government lease or entry in a mukim register ;

" owner " includes a lessee holding on lease from the Government.

3. Land held under a title the terms whereof are not inconsistent prohibition of
with a right to cultivate the same with rice and which has at any ^theJ than nee
time during the three years terminating on the 31st day of December,

1917, been cultivated with rice and has not been proved to the
satisfaction of the Collector for the district wherein the same is
situate to be unsuitable for cultivation with rice shall not after
the commencement of this Enactment, except with the express
permission of the Collector, be cultivated or planted with any
plant or crop other than rice.

4. Subject to the provisions of Section 6, the owner or owners, penalty.
and any person or persons in possession claiming under the owner or
owners, of any land in respect whereof the provisions of Section 3
shall have been contravened shall each be guilty of an offence and
liable on conviction to a fine not exceeding fifty dollars for each
holding in respect whereof the said provisions shall have been
contravened.

5. (i) A Magistrate may, upon the information of the Collector Removal of
charging any person with cultivating or planting land wdth a plant in*^^traven-
or crop other than rice in contravention of the provisions of Section 3, ^'"^^t^ent.
issue a summons for the appearance before him of the person so
informed against and of any other person whom it may be necessary

or proper to examine as a witness on the enquiry into the matter
charged.

(ii) The Magistrate shall proceed in a summary way in the
presence of the parties, or in case of the wilful absence of any

723

724 CULTIVATION OF RICE (NEGRI SEMBILAN).

Persons not
liable.

Inscription on
documents ot
title for land
restricted to
cultivation
with rice.

person informed against then in his absence, to enquire into the
matter charged, and, if he shall be satisfied of the truth thereof
in respect of any land, shall issue his warrant addressed to any police
olHcer, pcnghulu, or native headman, or to any officer subordinate to
the Collector requiring him forthwith to uproot and remove from
such land anything planted thereon in contravention of the provisions
of Section 3, and the person to whom such warrant is addressed shall
forthwith execute the same.

(iii) Subject to the provisions of Section G, the cost of the execu-
tion of the said warrant shall, on being certified by a Magistrate,
be recoverable from the owner or owners, or the person or persons in
possession claiming under the owner or owners, of the land to which
the warrant relates, as if it were a fine.

6. Where the provisions of Section 3 have been contravened, no
penalty shall be imposable under Section 4 or cost recoverable under
Section 5 on or from any person who proves to the satisfaction of the
Magistrate that he took all reasonable precautions against such
contravention.

7. (i) Upon the coming into force of this Enactment the Collector
for every district wherein are situated any lands which are subject
to the prohibition imjjosed by Section 3 shall by public notice require
all owners of such of the said lands as are within his district to
attend before him and produce the documents of title for the said
lands, and all such persons shall attend and produce such documents
accordingly.

(ii) On the production of such documents the Collector shall in
the case of documents of title registered in the Land Office inscribe
conspicuously in red ink on the face thereof the words " Land
restricted to Cultivation with Rice " and shall in the ease of docu-
ments of title registered in a Registry of Titles forward them to the
Registrar of Titles who shall inscribe thereon the said words in manner
aforesaid ; after the inscription prescribed by this section has been
made upon any document of title, it shall be returned to the person
entitled to the custody thereof.

(iii) Before the return to any person of a document of title for land
which at the time of such return is subject to the prohibition im-
posed by Section 3 and whereon the inscription prescribed by sub-
section (ii) has not been made the Collector or Registrar of Titles,
as the case may be, shall inscribe conspicuously in red ink on the
face thereof the words " Land restricted to Cultivation with Rice."

(iv) In every case where an inscription is required to be or has
been made under this section on any document of title a correspond-
ing inscription shall be made in the Mukim Register or Register of
Titles or Register of Leases of State Land, as the case may be.

(v) Whenever land which has been subject to the prohibition
imposed by Section 3 ceases to be so subject, any inscription made
under this section which relates to such land shall be cancelled by
the Collector or Registrar of Titles, as the case may be.

(vi) Any person failing to attend before the Collector when
required so to do under sub-section (i) shall be guilty of an offence
and liable on conviction to a fine not exceeding twenty-five dollars.

PART V.

LAWS WHICH APPLY TO PAH AN G ONLY
UNREPEALED ON 31ST DECEMBER, 1920.

726

PART V.

CHRONOLOGICAL INDEX OF LAWS WHICH APPLY TO PAHANQ
ONLY UNREPEALED ON 31ST DECEMBER, 1920.

No.

Tear.

1890

1891

1893

1896

1897

1898

1901

1902

1905

1908

1909

1912

1915

1916

1919

ORDERS.
Short title.
Regulations fob Headmen
Bank Note Issue

Subjection to Chief of District . .
Royal Family cannot be sued for Debts

ENACTMENTS.
Prisoners surrendered by Straits Settlements
Rice Cultivation
Harboues

Agreements for Leases (Temporary Provisions)
Stolen Property and Habitual Criminals
Vaccination
School Attendance . .
Regency

Inventions Validation
Syed Hassan's Concession Resumption
Turtles' Eggs . .
Karang Ayeb Leleh . .
Sultanate Lands

Page.
727
729
729
729

730
731
733

742
744
747
751
752
753
754
759
761
762

726

Order I of 1890.
REGULATIONS FOR HEADMEN.

J. P. Rodger, [llth January, 1890.]

British Resident.

1. the headman of in the district of
is empowered to settle any petty cases that may arise

in his mukim between his own people (anak buah), and all such
people must first complain to the headman. If, without giving notice
to their headman, they carry their complaint elsewhere they will be
liable to a fine not exceeding dollars thirty, fifteen, or five, according
to the rank of headman, but the headman must refer to the district
court any case exceeding his jurisdiction, such as culpable homicide,
stabbing, burglary, robbery, rape, arson, forgery, coining, or other
serious offence, and if the headman oppresses his people, they can
at once complain to the district court, or, if either party to a case
is dissatisfied with his headman's decision, he can appeal to the
district court.

In criminal cases the headman can impose a fine not exceeding
dollars thirty, fifteen, or five, according to the rank of headman,
and can settle civil cases in which the value of the subject matter
in dispute does not exceed dollars thirty, fifteen, or five, according
to the rank of headman, and all fines and fees of court must be paid
into the Treasury of the district.

2. Should any serious offence be committed in his mukim, the
headman must at once arrest the perpetrators if known ; and if a
sudden death occur, he must at once report the matter to the officer
in charge of the district.

3. He must also keep a register book in which shall be entered
the names of all the people in his mukim with particulars of ail
lands and mines and such other information as may be required by
the forms of return which will be given to him.

4. The headman must also look after all roads, paths, bridges,
etc., in his mukim and cause to be done all such petty repairs as may
be necessary, and in case of great and expensive repairs he must at
once report to the officer in charge of the district.

5. After consultation with the ryots in his mukim, the headman
should order all the padi planters to plant their padi at the same time
and should also advise his ryots to extend their padi cultivation,
and to open plantations of coconuts, sago, tobacco, etc., in order
that the district may be developed and the people derive benefit
therefrom.

727

728 REGULATIONS FOR HEADMEN (pAHANG).

6. WluTover there m.ay be nipah or gutta trees in his imikini, tlio
headman must take carv' that no person damages tlie nipahs by
taking tlieir shoots or cuts down the young gutta plants, as no gutta
trees may be feUed when less than 3 feet in circumference, and he
must prevent any person from burning charcoal or cutting timber
for sale without a license.

7. In all the raukims along the sea-shore the headman must see
that all the fishing stakes and boats are properly licensed and must
enforc'e the Government regulations as to fishing and the payment
of import and export duties.

8. The headman must also assist the farmers in his mukim, and
report to the farmer, and to the officer in charge of the district any
case of illicit gambling, manufacture of spirits, or pawning.

9. Whatever reasonable orders the headman shall give to the ryots
in his mukim, they must be obeyed. The headman must advise
his ryots to take their children to the surgeon and have them
vaccinated, and should there be any epidemic or outbreak of any
infectious disease, such as cholera or small-pox, the headman must
at once bring it to the notice of the officer in charge of the district
and in the meanwhile have the patients isolated, and not allow any
person to have communication with them. In case of cattle disease
the headman must order the cattle to be isolated and not allow
any cattle to enter or leave his mukim until the disease has entirely
disappeared.

10. The penghulu must order all occupiers of land, whether
agricultural or mining, to put up boundary marks, of stone or hard
wood, at each corner of the area in question.

11. Any headman exercising illegal authority — e.g., by improperly
collecting revenue, giving improper orders, or oppressing the people
in his mukim, will be severely punished.

13. Every headman must obey and give every assistance to the
officer in charge of his district, to whom he must forward monthly
reports with statements of accounts, etc.

13. Any person who, Avithout legal authority, shall represent
himself to be the headman of a mukim, will be liable to a fine not
exceeding five hundred dollars or to imprisonment for a term not
exceeding two years.

14. Any person committing a breach of the above regulations for
which no penalty is otherwise specifically provided will be liable
to a fine not exceeding one hundred dollars or to imprisonment
for a term not exceeding one year.

Order IV of 1890.
BANK NOTE ISSUE.

To prohibit any Bank from issuing Notes from any
Branch in the State payable at such Branch, without
the consent and approval of His Excellency the
Governor of the Straits Settlements.

Hugh Clifford, [1 1th December, 1890.]

Acting British Resident.

It is hereby ordered by His Highness the Sultan in Council that
no person or corporation carrying on the business of banking shall,
^vithout the previous consent of the Governor of the Straits Settle-
ments, issue at any place within the State, any bank note whereby
the payment of any sum is promised to be made at any place within
the State, or which is otherwise payable at any such place.

Order V or 1891.
SUBJECTION TO CHIEF OF DISTRICT.

Hugh Clifford, [8th October, 1891.]

Acting British Eesident.

Any person residing in any district shall, during the period of his
residence therein, be subject to the chief of the said district, and not
to the chief he owes fealty by Malay custom.

Order I of 1893.

ROYAL FAMILY CANNOT BE SUED FOR
DEBTS.

Immunity of Members of the Royal Family from actions
for Debts in the Pahang Courts.

Hugh Clifford, [4th July, 1893.]

Acting British Eesident.

It is hereby enacted by His Highness the Sultan in Council that
no member of the Royal Family of Pahang is liable to be sued in
any of the courts of the State except by permission previously
obtained from the British Resident.

729

Enactment III of 1896.

PRISONERS SURRENDERED BY STRAITS
SETTLEMENTS.

Hugh Clifford, [18th September, 1896.]

British Resident.

It is hereby enacted by His Highness the Sultan of Pahang in
Council that any prisoner surrendered by the Colony of the Straits
Settlements for trial in Pahang shall not, until he has been restored
to Her Majesty's Dominions, be detained or tried in this State for
any offences committed before his surrender other than the crime
or crimes in respect of which he is surrendered.

730

Enactment XI of 1897.
RICE CULTIVATION.

An Enactment to provide for the Regulation of Rice
Cultivation in the State of Pahang.

Hugh Clifford, [14th May, 1897.]

British Resident.

Whereas it is expedient to provide for the regulation of rice cultiva- Preamble.
tion in the State of Pahang :

It is hereby enacted by His Highness the Sultan in Council as
follows :—

1. This Enactment may be cited as the "Rice Cultivation short title and
Enactment, 1897," and shall come into operation upon such date mSt!^°'^^"
as may be fixed by the Resident.

2. It shall be lawful for every officer in charge of a district in the Duties of officer
State of Pahang to consult with the local headmen of such district dutrfctr"^*
or of any sub-district thereof as to the best date or dates in each year

on which the preparation of fields for rice-planting should be com-
menced and the plantmg of rice should be completed, and after
such consultation to fix a date or dates by which all rice-cultivators
in the said district or in any sub-district thereof shall have com-
menced the preparation of their rice-fields, and another date or
dates by which they shall have completed the planting of their
rice-fields.

3. It shall be the duty of every such officer in charge of a district Provisions as to
to give public notice, in such manner as circumstances may allow, P«biic notice.
of the dates so fixed in each year at least one month prior to the

date fixed as that on which the preparation of fields for rice-planting
should be commenced.

4. Any rice-cultivator failing without reasonable cause to com-
mence the preparation of his rice-fields upon the date fixed as
aforesaid for that purpose shall be deemed to have committed an
offence, and on conviction may be punished with fine not ex-
ceeding thirty dollars, or in default of payment with imprisonment
of either description for any term not exceeding one month.

5. Any rice-cultivator failing without reasonable cause to com-
plete the planting of his rice-fields upon the date fixed as aforesaid
for that purpose shall be deemed to have committed an offence,
and on conviction may be punished with fine not exceeding sixty
dollars, or in default of payment with imprisonment of either
description for any period not exceeding two months.

731

Penalty on rice-
cultivator
failing to
commence
preparation of
fields.

Penalty on rice-
cultivator
falling to
complete
planting of
fields.

732

RICE CULTIVATION (paHANG).

When rlce-
ciiltlvator Is
deemed to have
coiumciiri'd tlio
preparation of
rice-flcldg.

Penalty on
hoadinan or
pcni;hulu it
guilty of
neglect.

6. No rice-cultivator under Section 4 hereof shall be deemed to
have coinincnced the preparation of his rice-fields unless, in the
opinion of the Magistrate before whom tiie charge is heard, such
rice-cultivator shall have made a bond fide commencement to
prepare his rice-fields for rice planting.

7. Any headman or penghulu to whose neglect the failure of any
rice-cultivator to begin or coni])lete the planting of his rice-fields
upon the dates fixed as aforesaid, shall, in tiie opinion of the District
Officer, be due, shall be deemed to have committed an offence, and,
on conviction, may be punished with fine not exceeding sixteen
dollars, or in default of payment with imprisonment of either
description for any period not exceeding twenty-one days.

Enactment I of 1898.

As amended by Pg. 9 of 1900, 14 of 1900, and 12 of 1902.

HARBOURS.

An Enactment for the more efficient management of the
Ports and Harbours of the State.

Hugh Clifford, [25th March, 1898.

British Resident. 15th April, 1898.]

It i.s hereby enacted by His Highness the Sultan in Council as
follows :—

1. This Enactment may be cited as the " Harbours Enactment, short title and
1898," and shall come into force on the publication thereof in the mSt!^'^'^^'
Gazette.

2. The expression " master," or " master of vessel," shall include interpretation.
the person in charge of such vessel.

3. It shall be lawful for the Resident by a proclamation in the ^^*j.^*j| ^^^^pt*
Gazette to declare any port in the State, and any navigable river or ment.
channel, to be subject to this Enactment.

4. Every declaration, by which any port, navigable river, or '?®?"'"f°^^°^
channel shall be made subject to this Enactment, shall define the pScea.
limits of such port, navigable river, or channel ; such limits shall
extend always up to high-water mark ; and may include any piers,
jetties, landing-places, wharves, quays, docks, and other similar

works, whether within or without the line of high-water mark, and
(subject to any rights of private property therein) any portion of
the shore or bank within fifty yards of high-water mark ; the
limits so declared may be altered from time to time by the Resident.

5. When any such port, or navigable river, or channel has been How this

so declared to be subject to this Enactment, all the provisions of aSeTt different^
this Enactment, or such provisions only as the Resident may piacea.
specially declare, shall have effect in such ports, navigable rivers,
and channels.

6. Every declaration of the Resident made in pursuance of Declarations^^
Section 4 of this Enactment shall be published in the Gazette, or {"obfpuWished
in such other public manner as the Resident may direct, and a copy i^ o<^'^e"<=-
thereof shall be fixed up in some conspicuous place in the office

of the Conservator of the port to which such declaration or order
shall relate.

7. (i) Such officers as the Resident may appoint shall be the Appointment of
Conservators of such ports, navigable rivers, and channels, subject conservators.
to this Enactment, respectively.

733

734

HARBOURS (PAHANG).

nealth officer.

Qoverument
not responsible
for act or default
of Conservator
or his deputy.
Power to make
port rules.

(ii) For the purposes of this Enactment the word " port " shall,
unless such construction be inconsistent with the context, include
all such navigable rivers and channels leading thereto as shall for
the time being be subject to the provisions of this Enactment.

8. (i) The Resident may a{)point at any port subject to this
Enactment an officer to be called the Health Officer, and may
suspend or remove from office any officer so appointed.

(ii) A health officer shall, subject to the control of the Resident,
have the following powers within the limits of the port for which
he is appointed, namely : —

(a) Power to enter on board any vessel and inspect the pro-

visions and Avater provided for the use of the crew or
jjassengers, and the accommodation of seamen or passen-
gers, for the purpose of ascertaining the fitness of the same ;

(b) Power to enter on board any vessel and medically examine

all or any of the seamen or apprentices on board the vessel ;

and any other books, papers, or documents which he thinks
necessary for the purpose of enquiring into the health and
medical condition of the persons on board the vessel ;

(d) Power to call before him and question for any purpose all

or any of those persons, and to require true answers to
any questions which he thinks fit to ask ;

(e) Power to require any person so questioned to make and

subscribe a declaration of the truth of the statements
made by him.

9. The Government shall not be responsible for any act or
default of any Conservator of any port subject to this Enactment or
of his deputy.

10. The Resident may from time to time make such port rules
as he may think necessary for any of the following purposes in any
of the above-mentioned ports : —

(a) For regulating the berths and stations to be occupied by

vessels ;

(b) For regulating vessels whilst taking in or discharging ballast

or cargo ;

(d) For regulating the anchoring, fastening, mooring and un-

mooring, and warping of all vessels, and the use of wa,rps,
mooring buoys, chain and other moorings ;

(e) For enforcing and regulating the use of signals and of signal

lights by vessels ;
(/) For regulating the flags and signals to be used by vessels
arriving at, lying in, and departing from, any port ;

HARBOURS (pAHANG).

735

Repealed by
Pg. 12 of 1902.

Penalty for
refusing or
neglecting to
obey direction
of Conservator.

(g) For regulating the manner in which vessels arriving are to
be boarded by an officer of the Conservator's department,
and the entries to be made in such officer's books of
arrivals ;

(h) For regulating the use by vessels of steam-whistles, steam-
syrens, or other like instruments ;

(i) For regulating the speed of steamers navigating rivers and

harbours ;
/j\ *****

Such port rules shall be published in the Gazette, and shall have
the same force and effect as if enacted in this Enactment, and every
person convicted of a breach of any of the port rules so made and
published shall be liable on conviction to a penalty not exceeding
fifty dollars.

11. If any person shall wilfully, and without lawful excuse, refuse
or neglect to obey any direction of the Conservator, given under
the provisions of this Enactment, after notice thereof shall have
been given to him, such person shall, for every such offence, be liable
on conviction to a penalty not exceeding fifty dollars, and a further
sum not exceeding ten dollars for every day on which he shall
wilfully continue to disobey such direction ; and in case of such
refusal or neglect, it shall be lawful for the said Conservator to do, or
to cause to be done, all such acts as shall be reasonable or necessary
for the purpose of carrying such direction into execution, and to hire
and employ proper persons for that purpose : and all reasonable
expenses which shall be incurred in doing such acts shall be paid
and borne by the person or persons so offending.

12. The master of every vessel anchoring in any of the ports of
the State, or going alongside any wharf in any port, shall forthwith
report, or cause to be reported, the arrival of his vessel at the office
of the Conservator of the port, and shall deposit, or cause to be
deposited, there a copy of the manifest of cargo to be discharged or
trans-shipped in the port, and a statement of passengers on board.

13. The master of every vessel anchoring in any of the above-
mentioned ports for the first time after the issuing of this Enact-
ment shall forthwith deposit at the office of the Conservator a
certificate from the port of registry of such vessel setting forth the
number of passengers of all classes which such vessel is permitted
to carry and the nature and extent of the accommodation to be
provided for them, and any change made in the same at the port
of registry must be notified in the same manner upon the next arrival
of the vessel.

14. Every master who shall fail to lodge a manifest statement Penalty for
and certificate as required by the two preceding sections shall be ^"thlectl^'s""
liable to a penalty not exceeding one hundred dollars. 12 and 13.

15. Every master of a vessel who is found to have carried penalty for
passengers of any description in excess of the number, or in a nu'SJwof^"*'
manner not authorized by his ship's certificate, shall be liable passengers.
on conviction to a penalty of one hundred dollars, and to a further

penalty not exceeding ten dollars for every passenger beyond

Master of
vessel to report
arrival.

Duty of master
of vessel enter-
ing port for first
time after issue
of this Enact-
ment.

736

HARBOURS (paHANG).

Vessels with
moro than fifty
deck passengers
on board not to
carry explosive
substances.
Vessels having
small-pox or
cholera on
board.

No boat to go

alongside unless
permitted by
tho master.

Exemption.

Vessels to be
fully manned.

Penalty for
offences under
Sections 16, 17,
18, and 19.

Vessels not to
leave without a
port clearance.

Proviso.

No seaman to
be discharged
unless on
certificate of
Conservator.

the number for wlioni accommodation existed in the ship as
required by law.

16. No vessel carrying more than fifty passengers other than
cabin passengers shall carry as cargo or ballast any gunpowder
or other explosive substance other than safety cartridges.

17. The master of every vessel arriving at any of the ports, on
board of which any person has suffered from small-pox or cholera
since the departure of the said vessel from the last port at which
she touched, or having on board persons suffering from small-pox
or cholera, shall hoist and keep displayed at the mainmast head
the usual yellow quarantine flag, and shall not enter the port till
visited by the health officer, nor till permitted by the Conservator.

18. No boat shall go alongside any vessel arriving at any of the
ports, unless and until permitted by the master, and no boat shall
be made fast astern of any vessel in any of the ports at a greater
distance from the stern of such vessel than three fathoms. The
boats of the Conservators of the ports, police, and health officers
are exempted from the operation of this section.

19. Every vessel within the limits of any of the ports shall have
at all times on board a sufficient number of men to veer cable, let
go anchors, brace the yards up, or lower a boat in case of accident.
Provided always that, in the event of any vessels being laid up
and not intended for navigation, it shall be lawful for the Con-
servator of the port to assign a place within the limits of the port
where such vessels may be anchored and be exempted from the
operation of this section,

20. The owner or master of any vessel or any other person
offending against any of the provisions of Sections 16, 17, 18, and
19, shall be liable on conviction to a penalty not exceeding fifty
dollars.

21. No vessel shall leave any port without a port clearance to
be issued by the Conservator, or other officer duly authorized
thereto, and the owner or master of any vessel offending against
this section shall be liable on conviction to a penalty not exceeding
five hundred dollars. Provided that nothing herein contained
shall be held to apply to any vessel arriving at any port at any
time when the office of the Conservator is closed for business,
and leaving the port before such office is again opened for business.

22. No master of a vessel shall discharge therefrom, or force
therefrom, or wilfully or negligently leave behind him in the State,
any seaman brought to the State therein, or shipped in the State,
unless on a certificate by the Conservator of the port, under a
penalty not exceeding fifty dollars for each seaman so discharged,
forced, or left behind ; and any seaman wilfully or negligently
remaining behind in the State after the departure of the vessel
in which he shall have arrived or shipped, without such certificate,
shall, on conviction, be liable to a penalty not exceeding twenty-
five dollars.

The Conservator shall not be required to issue a certificate under
this section, unless in case of serious illness incapacitating the
seaman from duty on board his ship, or unless the seaman shall at

HARBOURS (paHANG). 737

the time of the ship's departure be undergoing sentence of im-
prisonment, and in every other case a certificate shall not be issued
until, and unless, the master or owner of the vessel shall have
made such provision for tlui seaman by procuring other employ-
ment, or otherwise, as will prevent the seaman from becoming a
charge on the State.

23. It shall be lawful for the Resident to cause or permit to be Moorings,
fixed and laid down such moorings, buoys, beacons, and sea or ^'^°y~'^^''-
land marks, as may seem to him to be necessary to assist in the
navigation of an}' of the ports, rivers, or channels subject to this
Enactment.

24. If any person shall wilfully, and without laAvful excuse, lift, j'enaityfor
injure, loosen, or set adrift anj^ such moorings, buoys, beacons, and '"luu*^""^
sea or land marks in any port, river, or channel subject to this
Enactment, he shall for every such offence be liable to a penalty

not exceeding five hundred dollars, or to imprisonment, rigorous
or simple, for a period not exceeding three months.

25. Any moorings, buoys, beacons, or land or sea marks affected Conservator to
shall be forthwith replaced or repaired by the Conservator ; and amj rffarge'^tr"^
all expenses incurred thereby shall be chargeable to the person ^"','i^°c\gri
convicted.

26. If any person shall wilfully, and without lawful excuse, loosen Penalty for
or remove from its moorings, or from its fastenings alongside any JooMninK^or
wharf or landing-place, any vessel within any such port, river, or removing any
channel, without leave or authority from the owner or master

of such vessel, or of the manager or person in charge of such wharf
or landing-place, such person shall, for every such offence, be
liable to a penalty not exceeding five hundred dollars, or to im-
prisonment, rigorous or simple, for a period not exceeding three
months.

27. Nothing in Sections 24 and 26 shall be held to relieve any imprisonment
person undergoing punishment thereunder from responsibility in fTOm°damaces
a civil action for damages, at the suit of any person injured by "^ tjou "^'^'^
or in consequence of his acts.

28. If any person shall, without lawful excuse, cause any obstruc- Penalty for
tion or impediment to the navigation of any port, river, or channel obstru?tion to
subject to this Enactment, or shall do, or omit to do, any act port°^*'°"'"
likely to cause any obstruction or impediment to such navigation,

the Conservator may cause such obstruction or impediment to be
removed, and every person causing any such obstruction or im-
pediment shall be liable to a penalty not exceeding one hundred
dollars, and also to pay all reasonable expenses which shall be
incurred in abating or removing such obstruction or impediment.

29. The Conservator may remove, or cause to be removed, any conservator
timber or raft, floating or being in any part of any such port, river, "imbcT,"etc.t
or channel, which shall impede the free navigation of such port, f'J^y^anj'^
river, or channel, or anything which shall obstruct or impede the charge expensed
lawful use of any pier, jetty, landing-place, wharf, quay, dock,
mooring, or other work, on any part of the shore or bank which

has been declared to be within the limits of such port, river, or
channel, and is not private property ; and the owner of any such

1—47

733

HARBOURS (PAHANG).

Conservator
iiiiiy remove or
Uostroy vessels
wreekeil, ete.,
ami clmrf^o
expenses to
owner.

Compensation
for removal of
hiwful
impeUiment.

Penalty for
unlawfiil
deposit of
nibbiah or
ballast.

No dead body,
etc., to be cast
overboard
within port
limits.

Light to be
exhibited
between sunset
and sunrise.

timber, or raft, or other thing, shall hv liable to pay the reason-
able expenses of such removal.

30. (i) A ma.ster of a vessel shall not cause or sulTer any warp
or hawser attached to his vessel to be left out in any port subject
to this Enactment after sun.set in such a manner as to endanger
tiic safety of any other ve.s.scl navigating in the port.

(ii)- A master olTending against this section shall be liable on
conviction to a penalty not exceeding one hundred dollars.

31. If any vessel shall be wrecked, stranded, or sunk in any
such port, river, or channel, or in any place within State waters
atljacent thereto, so as to impede, or be likely to impede, the
navigation thereof, the Conservator may cause the same to be
raised, removed, or destroyed, and all expense incurred in the
raising, removing, and destroying of such vessel shall be borne by
the owners thereof,

32. If any obstruction or impediment to the navigation of any
port, river, or channel, subject to this Enactment, shall have been
lawfully made, or shall have become lawful by reason of the long
continuance of such obstruction or impediment, or otherwise,
the Conservator shall report the same for the information of the
Resident, who may cause the same to be removed or altered, making
to the person or persons who suffer damage by such removal or
alteration reasonable compensation for the same. If any dispute
arise concerning such compensation, the matter in dispute shall
be determined according to the law now, or hereafter to be, in
force in the State relating to the determination of disputes as to
the price of land required for public purposes.

33. If any ballast or rubbish, or if any other thing likely to
form a bank or shoal, or to be detrimental to navigation, shall,
without the permission of the Conservator or other lawful excuse,
be cast or thrown into any such port, river, or channel, or into
or upon any place or shore from which the same shall be liable
to be washed into any such port, river, or channel, either by
ordinary or high tides, or by storms or land floods, the person
who shall so cast or throw the same, or cause the same to be
so cast or thrown as aforesaid, and the master of any vessel from
which the same shall be cast or thrown, shall forfeit and pay a
sum not exceeding one hundred dollars, over and above any
expenses which may be incurred in removing the same.

34. No dead body, or the carcass of any animal, shall be thrown
overboard or into the seas, rivers, or channels within the limits
of the ports, under a penalty not exceeding fifty dollars, and any
expenses incurred in burying or otherwise disposing of any dead
body or carcass so thrown over shall be chargeable on the owner
or master of the vessel from which the same may have been thrown,

35. The master or person in charge of every vessel Ijdng at
anchor within any of the ports, rivers, or channels subject to this
Enactment shall, between sunset and sunrise, exhibit, or cause to
be exhibited, where it can best be seen, but at a height not exceed-
ing twenty feet above the hull, a white light in a globular lantern
of at least eight inches in diameter, and so constructed as to shew

HARBOURS (pAHANG). 739

a clear, uniform, and unbroken light all round the horizon, visible
at a distance of at least one mile : and the master or person in
charge of every such vessel in which a light shall not be exhibited,
as required by this section, shall be liable on conviction to a penalty
not exceeding fifty dollars.

36. If any jjcrson shall grave, bream, or smoke any vessel in any no person to
port, river, or channel subject to this Enactment, or shall boil or orsmokrany'
heat any pitch, tar, resin, dammar, turpentine, oil, or other such vesseiwithiu
combustible matter on board any vessel within any such port, ^°'^ '™' ^'
river, or channel, at any time or within any limits at or within

which such act shall be prohibited by any order of the Resident,
or contrary to the ordei's or directions of the Conservator, every
such person, and also the master of such vessel, shall be liable
on conviction to a penalty not exceeding one hundred dollars.

37. If any person shall use a naked light to draw off spirits, Naked lights
turpentine, or inflammable oils, or inflammable liquids of any kind, ^ear^^nflam-^'^
on board any vessel in any port, river, or channel subject to this mabie liquids.
Enactment, ever}^ such person, and also the master of every such

vessel, shall ))e liable on conviction to a penalty not exceeding
one hundred dollars.

38. In the event of fire breaking out on board any vessel in any vessels on fire
of the ports, rivers, or channels subject to this Enactment it shall limits! ^""^
be lawful for the Conservator of the port to proceed on board

such vessel, with such assistants and persons as to him may seem
fit, and to give such orders as may seem to him necessary for
scuttling such vessel or for removing such vessel to such place as
may seem proper to prevent, in either case, danger to other vessels ;
and if such orders are not forthwith carried out by the master of
such vessel, the said Conservator may himself proceed to carry
them into effect.

SQ 'ind dn * * * * * Repealed by

0». ciiiu ^v. Pg 14 of 1900.

41. No person, without the permission of the Conservator, shall shingie, etc.,
remove or carry away any rock, stones, shingle, gravel, sand, or carried from
soil, or any artificial protection from any part of the bank or shore nor deposited
of such port, river, or channel, and no person shall sink or bury umits without
in any part of such bank or shore, any mooring-post, anchor, or oonsMvator,
any other thing which is likely to injure, or to be used so as to

injure, such bank or shore, except with the permission of the
said Conservator, and with the aid or under the inspection of such
person or persons, if any, as he may appoint to take part in or
overlook the performance of such work.

Every person offending against any of the provisions of this penalty.
section, shall be liable on conviction to a penalty not exceeding
one hundred dollars for every such offence, and to pay the expenses
of repairing the injury, if any, done to such bank or shore.

42. The Conservator may, whenever he shall suspect that any conservator to
offence has been or is about to be committed in any vessel, contrary toboard aify '^
to this Enactment, or whenever he considers it is necessary for vessel.

him so to do in the discharge of any duty imposed upon him by
this Enactment or otherwise by law, go, either alone or with any
other person or persons, on board any vessel within the limits of

740

HARBOURS (pAHANg).

reiiftlty for
ubstriictini^
niiy |>t'rsoii
ilisi-h!irt;iiiL,' a
duty iiiidcr this
Kiiactmciit.

OovornniPnt
ollioer lU'tiiif^
miller mithurity
of Couservator.

Offences
punishable in
a summary
manner.

Repealed by
Pg. 9 of 1900.

Recovery of
penalties.

Disputes as to
expenses to be
laid before a
Slagistrate.

any port, river, or channel subject to this Enactment. If the
master of such vessel shall, without lawful excuse, refuse to allow
any such Conservator, or any of his assistants, or othca- officers
or persons authorized by him, so to enter such vessel, he shall,
for every such offence, be liable on eonvictinn to a ])enalty not
exceeding one hundred dollars.

43. Any person who shall wilfully obstruct or hinder any person
in the execution of any duty iinjiosed, or power conferred, by this
lilnactment, or shall assault or ill-treat him in the discharge of
such duty, or in the exercise of such power, shall for every such
offence be liable on conviction to a penalty not exceeding one
hundred dollars.

44. All acts, orders, or directions by this Enactment authorized
to be done or given by any Conservator, may be done or given by
any person in the service of Government subject to his control
and duly authorized by him. And any person authorized to do
any act may call to his aid such assistance as may bo necessary.

45. All offences against this Enactment shall be punishable in
a summary manner by a Magistrate on information by, or by order
of, the Conservator, or by any other person authorized by him
thereto. And in addition to the means prescribed by law for
the recovery of penalties imposed by Magistrates in their summary
jurisdiction, it shall be lawful for a Magistrate, by warrant under
his hand, to cause the amount of any penalty imposed under this
Enactment upon the owner or master of any vessel for any offence
committed on board of such vessel, or in the management thereof,
or otherwise in relation thereto, whereof such owner or master
shall be convicted, to be levied by distress and sale of such vessel,
and the tackle, apparel, and furniture thereof, or so mvich thereof
as shall be necessary.

4g^ *****

47. In every case in which any person shall be liable, under the
provisions of this Enactment, to pay any sum of money, damages,
or expenses, the same may be recovered and levied in the same
manner as any penalty under this Enactment, and, if necessary,
the amount thereof may be fixed and assessed by the Magistrate
before whom the case shall be tried.

48. All expenses incurred for works authorized or required to be
done by a Conservator under Sections 11,25, 28, 29, 31, 33, 34, 38,
and 41, shall, if any dispute arise as to the amount, be ascertained
before a Magistrate, and, when so ascertained, shall be recover-
able in the same manner as any penalty under this Enactment,
and the Conservator may cause any timber, raft, or other thing,
or the materials of any vessel, boat, or wreck, or of any nuisance
or obstruction, to be removed, or so much thereof as may be
necessary, to be sold by public auction, and may retain all the
expenses of such removal and sale out of the proceeds of such
sale ; and shall pay the surplus of such proceeds, or deliver so much
of the said timber or other materials as shall remain unsold, to the
owner or other person entitled to receive the same ; and, if no
such person appear, shall cause the same to be kept and deposited

HARBOURS (pAHANG). 741

in such manner as the Resident shall direct ; and may, if neces-
sary, from time to time, reaUze the expenses of keeping the same,
together with the expenses of such sale, by a further sale of so
much of the said timber or other materials as may remain unsold,
and the balance shall be paid to the person entitled to the property,
and, if no person shall appear and claim the same, it shall be paid
into the Treasury, Provided, however, that the amount so paid
into the Treasury shall be refunded without interest to any person
Avho may thereafter establish his right to the same.

49. Any AVTitten notice given under this Enactment which shall Seryu-eot
be left for the master of any vessel with any person employed on
board thereof, or which shall be affixed in a conspicuous place on
board of such vessel, shall, for the purposes of this Enactment, be
deemed to have been given to the master thereof.

50. All actions and prosecutions which may be lawfully brought Prosecution
against any person for anything done, or intended to be done, under to b'e brought ^
this Enactment, shall be commenced within three months after ^olJ^hJ^of^^l^te
the thing complained of, and not otherwise. of action com-

plained of.

Enactment VI of 1901.

AGREEMENTS FOR LKA8KS (TEMPORARY
PROVISIONS).

An Enactment to make temporary provision for the
Registration of Dealings with Land comprised in
Agreements for Leases, pending the issue of Grants
or Leases for such Land.

A. Butler, [1st January, 1901.

BrUi.sh Resident. 1st March, 1901.]

Whereas the Land Enactment, 1897, came into operation on the
1st day of January, 1898 :

Preamble. And WHEREAS by Section 11 of the said Enactment it is enacted

that any person who, at the commencement of the said Enactment,
is in possession of land by virtue of any document of title other
than a lease or grant, may be required to exchange such document,
if the land is situate within the limits of any town, for a grant
imder the provisions of Part II thereof, or, if the land is not so
situate, for an extract from the register or grant under the provisions
of Part III thereof, without further payment, except for survey
and demarcation fees, if any :

And whereas by Section 26 sub-section (i) of the said Enactment
it is enacted that there shall be issued, on payment of the prescribed
fees, to every lawful occupier of land in the district, an extract
from the register, which shall be as nearly as possible in the form
of Schedule E thereto, on which shall, unless otherwise allowed by
the Resident, be endorsed a title plan of the land, with the dimen-
sions, abuttals, and boundaries thereof ; provided that the accept-
ance of such extract shall not be compulsory on any person who
is, at the time of the passing of the said Enactment, in possession
of a lease or grant ; and provided further that any person who is
in possession of an agreement for a lease under any previous Land
Regulations, shall be entitled, upon payment of survey and demarca-
tion fees, to receive, at his option, a grant or extract from the
register in lieu thereof :

And whereas a large number of agreements for leases, some of
which are called " certificates," issued under previous Land Regula-
tions are now outstanding : And whereas it is impossible to carry
out the work of survey and demarcation with sufficient speed to
enable the provisions of Sections 1 1 and 26 of the said Enactment
to be complied with : And whereas such agreements for leases, as

742

AGREEMENTS FOR LEASES (pAHANG). 743

aforesaid, are constantly transferred, transmitted, charged, and
otherwise dealt with : And whereas it is expedient to make tem-
porary provision for the registration of such dealings until the land
comprised in such agreements has been surveyed and demarcated,
and it is possible to issue grants or extracts from the register for
the same :

It is hereby enacted by His Highness the Sultan of Pahang in
Council as follows : —

1. (i) This Enactment may be cited as the "Agreements for short title.
Leases (Temporary Provisions) Enactment, 1901," and shall come an™kiterp^ta-'
into force upon the publication thereof in the Gazette. *'°°-

(ii) In this Enactment the expression " agreement for a lease "
includes a certificate whereby the Pahang Government, or any duly
authorized officer thereof, states that the person named therein is
entitled to receive a lease or other written title for such term and
on such conditions as may be ordered from time to time by the
Pahang Government as soon as the la.nd in question has been
surveyed, and includes also any other valid document of title to
land, other than a grant, lease, or extract from the mukim register.

2. There shall be kept at every Land Office a register of dealings Register to
with land held under agreements for leases issued prior to the Land ^ '^^^'
Enactment, 1897.

3. No claim to or interest in any land held under any such agree- ah claims to be
ment for a lease shall be valid unless it has been registered in the '^°'*'^^'"^'^-
Land Office of the district in which it is situate, in accordance Avith

the provisions of this Enactment. Any agreement for a lease,
which shall have been so registered prior to the coming into force
of this Enactment, • shall be deemed to have been registered in
accordance with the provisions of this Enactment.

4. The provisions of Sections 36 to 43 (both inclusive) of the Land certain sections
Enactment, 1897, shall, subject to the necessary formal changes. Enactment
apply to such agreements for leases and to the land held thereunder *° ^ppiy.

in the same manner as if the said sections formed part of this
Enactment.

5. The Resident may, from time to time, by notification in the Provision for
Gazette, declare that any particular land held under an agreement Ke*sident?" ^
for a lease has been duly surveyed and demarcated, and thereupon

the provisions of this Enactment shall cease to apply to such land.

6. The provisions of Sections 11 and 26 of the Land Enactment, certain sections
1897, shall not affect any agreement for a lease until the land therein Enactment
described shall have been surveyed and demarcated in such manner """^ *° ^ppIj-
as may from time to time be approved by the Resident for lands

to be held under Parts II, III, and IV of that Enactment. When
any land held under an agreement for a lease, shall have been so
surveyed and demarcated, then the provisions of this Enactment
shall be null and void in respect of such land.

Enactment No. 16 of 1902.

Short title and

oomniciioe-

iiient.

Fraudulent
possession o£
property.

Second and
subsequent
convictions.

STOLEN PROrETlTY AND HABITUAL
CRIMINALS.

All Entictnient to provide for the suppression of dealings
in Stolen Property and for the punishment and
supervision of Habitual Criminals.

r. DUBERLY,

Acting British Resident.

[12th November, 1902.
15th December, 1902.]

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Stolen Property and
Habitual Criminals Enactment, 1902," and shall come into force
upon the publication thereof in the Gazette.

2. (i) Whoever has in his possession or conveys in any manner
anything which may be reasonably suspected of being stolen or
fraudulently obtained shall, if he fail to account satisfactorily how
he came by the same, be liable to a fine not exceeding fifty dollars
or to imprisonment of either description for any term not exceeding
three months.

(ii) If any person charged with having or conveying anything
stolen or fraudulently obtained shall declare that he received the
same from some other person or that he was employed as a carrier,
agent, or servant to convey the same for some other person, the
Magistrate may cause every such other person and also, if necessary,
every former or pretended purchaser or other person through whose
possession the same shall have passed (provided that such other
person shall be alleged to have had possession of the same within
the jurisdiction of such Magistrate) to be brought before him and
examined and shall examine witnesses upon oath touching the
same ; and if it appear to such Magistrate that any person so
brought before him ha,d possession of such thing and had reasonable
cause to believe the same to have been stolen or unlawfully obtained,
such person shall be liable to a fine not exceeding fifty dollars or
to imprisonment of either description for any term not exceeding
three months.

(iii) The word " possession " in this section includes possession
in a house, building, ship, vessel, or other place as well as possession
in a street or public place.

3. Any person who having been convicted of an offence punishable
under the preceding section or under Chapter XII or Chapter XVII
of the Penal Code is subsequently convicted of an offence punishable
under the preceding section shall be liable, if such subsequent
conviction is by a court inferior to the Court of the Senior Magis-
trate, to a fine not exceeding two hundred dollars or to imprisonment
of either description for any term not exceeding six months or, if

74-1

STOLEN PROPERTY AND HABITUAL CRIMINALS (pAHANG). 745

such subsequent conviction is \)y the Court of the Senior Magistrate,
to fine not exceeding one thousand dollars or to imprisonment of
either description for any term not exceeding two years.

4. (i) If information shall be given on oath to any Magistrate search under
that there is cause to suspect that any property which may be "^^^"■^"*-
reasonably suspected of being stolen or fraudulently obtained is

within any house, building, ship, vessel, or other place, then such
Magistrate may by warrant under his hand and the seal of the
court directed to any police officer cause such house, building, ship,
vessel, or other place to be entered and searched at any hour of
day or night.

(ii) The information mentioned in the preceding sub-section shall
describe the ])roperty which it is reasonably suspected has been
stolen or fraudulently obtained and shall also describe the house,
building, ship, vessel, or other place in which such property is
suspected to be.

(v) The provisions of Sections 59 and 60 of the " Criminal Pro-
cedure Code, 1900," shall apjjly to searches made under this section.

5. When any person is convicted of a crime and previous con- Liability to
viction of a crime is proved against him, he shall, at any time within punishment
three years immediately after the expiration of the sentence passed during three
upon him for the last of such crimes, be guilty of an offence against expiration of
this Enactment and be liable to rigorous imprisonment for a term
not exceeding one year under the following circumstances or any
of them : —

(i) If on his being charged by a police officer with getting his
livelihood by dishonest means and, being brought before
a court of summary criminal jurisdiction it appears to
such court that there are reasonable grounds for believing
that the person so charged is getting his livelihood by
dishonest means ; or,
(ii) If on being charged with a crime and on being required by a
court of summary criminal jurisdiction to give his name
and address he refuses to do so or gives a false name or
address ; or,
(iii) If he is found in any place, Avhether public or private, under
such circumstances as to satisfy the court before which
he is brought that he was about to commit, or to aid in
the commission of, any crime or was waiting for an
opportunity to commit, or to aid in the commission of,
any crime ; or.

sentence.

746 STOLEN PROPERTY AND HABITUAL CRIMINALS (PAHANCj).

After second
conviction
court may
order police
supervision.

Requirements
from persons
subject to
police super-
vision.

Persons not
notifying place
of residence to
police.

Interpretation.

(iv) If hi' is found in or upon any dwelling-house, or any build-
ing, yartl, or ijrcniiscs being parcel of or attached to any
dwelling-house, or in or upon any shop, warehouse, count-
ing-house, office, factory, dock, wharf, machine-house, or
other place of work or business, or in any plantation,
garden, orchard, pleasure-ground or nursery-ground, or
in any building or erection in any plantation, garden,
orchard, pleasure-ground or nursery-ground or other
similar place, without being able to account, to the satis-
faction of the court, for his being found in or upon such
place.

6. When any person is convicted before any court superior to a
Court of a Magistrate of the Second Class of a crime, and a previous
conviction of a crime is proved against him, the court may, in
addition to any other punishment which it may award to him,
direct that he is to be subject to the sujiervision of the police for a
period of three years, or such less period as the court may direct,
commencing immediately after the expiration of the sentence
passed on him for the last of such crimes.

7. Every person subject to the supervision of the police, who is
at large in the State, shall notify the place of his residence to the
chief police officer of the district in which his residence is situated,
and shall whenever he changes such residence within the same
police district, notify such change to the chief police officer of the
district, and whenever he changes his residence from one police
district to another, shall notify such change of residence to the chief
police officer of the district Avhich he is leaving, and to the chief police
officer of the district into which he goes to reside. Moreover, every
person subject to the supervision of the police, if a male, shall
once in each month report himself, at such time as may be prescribed
by the chief police officer of the district in which such person may
be, either to such chief police officer himself or to such other person
as that officer may direct.

8. If any person subject to the supervision of the police, who is
at large in the State, remains in any place for forty-eight hours
without notifying the place of his residence to the chief police
officer of the district in which such place is situated, or fails to
comply with the requisition of Section 7 hereof on the occasion of
any change of residence, or with the requisitions of Section 7 hereof
as to reporting himself once in each month, he shall in every such
case, unless he proves to the satisfaction of the court before which
he is tried that he did his best to act in conformity with the laAv,
be guilty of an offence against this Enactment, and, upon convic-
tion thereof, he shall be subject to imprisonment of either description
for a term not exceeding one year.

9. The expression " crime," in this Enactment, means any offence
punishable by penal servitude, or rigorous imprisonment for not
less than two years, so that, in the latter case, the imprisonment is
not by way of alternative punishment for non-payment of a fine
imposed ; and shall include cases in which the punishment of death
has been commuted to penal servitude, or rigorous imprisonment.

officers.

Enactment No. 9 of 1905.

VACCINATION.

An Enactment to extend and make compulsory the
practice of Vaccination.

Cecil Wray, [6th June, 1905.]

British Resident.

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as "The Vaccination Enact- short title.
ment, 1905."

2. It shall be lawful for the Resident to appoint the State Surgeon Appointment of
to be Superintendent of Vaccination for the State and the District
Surgeons to be Deputy Superintendents of Vaccination for districts
with such other Deputy Superintendents and such public vaccinators
and subordinate officers as may be required for performing the duties
prescribed by this Enactment, and with such salaries or payments

by fees as may seem to be required, and to make rules for the
proper conduct of the duties of the several officers so appointed.

3. It shall be the duty of the Superintendent and Deputy Superin- supply of
tendents of Vaccination to take measures, subject to the orders of

the Resident, for the regular supply of vaccine virus to the several
district and subordinate officers and to superintend the distribution
of the same.

4. The parent of every child in the State which may be of the age ^''""'^"'^^jj^^^y^''
of seven years or under, not being already vaccinated, shall within tobevacci-
six months of the coming into operation of this Enactment, and the "**'^*^-
parent of every child which may hereafter be brought to the State

being of the age of seven years or under, not being already
vaccinated, shall within six months after its arrival in the State, and
the parent of every child born in the State shall within six months
after its birth, or where, in any of the above cases by reason of the
death, illness, absence, or inability of the parent, or other cause, any
other person shall have the custody of such child, such person shall,
within six months after receiving the custody of such child, take it,
or cause it to be taken, to a public vaccinator, and the public
vaccinator to whom such child shall be so brought is hereby required
with all reasonable despatch, subject to the conditions hereinafter
mentioned, to vaccinate such child.

5. Upon the same day in the following week when the operation ^'/^^p^'^^^^j^^.
shall have been performed by the public vaccinator, such parent or tion.
other person, as the case may be, shall again take the child or cause
it to be taken to such place as may be directed by the public
vaccinator, there to be inspected by a Deputy Superintendent of
Vaccination or such other person as may be appointed by the
Deputy Superintendent for the purpose, to ascertain the result of the
operation, and the pubhc vaccinator may, if he see fit, take from such
child lymph for the performance of other vaccinations ; and in the

747

748

VACCINATION (pAHANG).

CertiUcatc of
unlituess for
vacciuatiou.

Renewed
cxamiuation.

Certificate of
insusceptibility
of vaccination.

Certificate of
vaccination
to be sent to
Registrar.

Registrar to
cive notice to
vaccinate.

event of the vaccination bciii^ unsuccessful sucli j)arent or other
person shall, if the })ublic vaccinator so direct, cause the child to be
forthwith aj^ain vaccinated and ins{)ected, as on the previous
occasion.

6. If any Deputy Suj)eriutendcnt of Vaccination or public
vaccinator .shall be of opinion that any child is not in a fit and proper
state to be successfully vaccinated he shall forthwith deliver to the
parent, or other person having the custody of such child, a certificate
under his hand, according to the form of Schedule B, that the child is
then in a state unfit for successful vaccination, which certificate shall
remain in force until the next visit of a ])ublic vaccinator to the
mukim in which such child resides and shall be renewable for
successive periods of not mon^ than twelve months and shall ipso
facto expire on the next visit of a Deputy Superintendent or public
vaccinator to the mukim in which such child resides, but may be
again renewed from time to time until a Deputy Superintendent of
Vaccination or public vaccinator shall deem the child to be in a fit
state for successful vaccination, when the child shall with all reason-
able despatch be vaccinated, and the certificate of successful
vaccination duly given if warranted by the result.

7. At or before the end of each successive period the parent, or
such person as aforesaid, shall take or cause the child to be taken to
the Deputy Superintendent of Vaccination or other person appointed
for the purpose as aforesaid, who shall then examine the child, and
give the certificate according to the said Form B so long as he deems
requisite under the circumstances of the case.

8. If any such Deputy Superintendent of Vaccination or other
person as aforesaid shall find that a child who has been three times
unsuccessfully vaccinated is insusceptible of successful vaccination,
or that a child brought to him for vaccination has already had the
small-pox, he shall deliver to the parent or other person as aforesaid
a certificate under his hand according to the form of Schedule C, and
shall also transmit a copy of the same to the Registrar of Births and
Deaths in the district within which the birth was registered, but if
such district be not known to him, or if the birth of the child shall
not have been registered, to the Registrar within whose district the
operation shall have been performed, and the child shall thenceforth
not be required to be vaccinated.

9. Every Deputy Superintendent or other person as aforesaid who
shall have inspected the vaccination of any child and shall have
ascertained that the same has been successful shall, within twenty-
one days after the performance of the operation, transmit by post or
otherwise, to the Registrar of the district as aforesaid a certificate
according to the form of Schedule D, certifying that the said child
has been successfully vaccinated, and upon request shall deliver a
duplicate thereof to the parent or other person as aforesaid.

10. The Deputy Registrar of Births and Deaths shall, within
seven days after the registration with him of the birth of any child,
give a notice in form of Schedule A to the parent, or in the event of
the death, illness, absence, or inability of the parent, to the person
having the custody of such child, requiring such child to be duly
vaccinated according to the j^rovisions of this Enactment.

VACCINATION (pAHANG). 749

11. Every Deputy Registrar of Births and Deaths shall keep a Book of notices
book in which he shall enter, in such form and manner as may be *^ ^*<^'^"»*'^^-
directed by the Resident, minutes of the notices of vaccination given

by him as herein required and also register the certificates trans-
mitted to him as herein provided, and shall at all reasonable times
allow searches to be made therein, and upon demand give a copy
under his hand of any entry in the same on payment of a fee of
twenty-five cents.

12. Every parent or person having the custody of a child who Penalty for not
shall neglect to take such child, or to cause it to be taken, to be ^'^^'''"^'^'"e.
vaccinated, or after vaccination to be inspected according to the
provisions of this Enactment, and shall not render a reasonable

excuse for his neglect shall be liable upon conviction before a
Magistrate to a penalty not exceeding five dollars, and the Magis-
trate may make an order under his hand and seal directing such Order to
child to be vaccinated within a certain time ; and if at the exj)iration ^''*°°'"^*^-
of such time the child shall not have been so vaccinated, or shall not
be shewn to be then unfit to be vaccinated, the person upon whom
such order shall have been made shall be proceeded against
summarily and, unless he can shew some reasonable ground for his
omission to carry the order into effect, shall be liable, on conviction i,.urther
before a Magistrate, to a penalty not exceeding twenty-five dollars, penalty.

13. Every public vaccinator, parent, or person, as the case shall offences.
require, Avho shall neglect or omit to perform any duty imposed in

the several sections of this Enactment shall be liable, upon convic-
tion before a Magistrate, where not otherwise specially provided for,
to a penalty not exceeding ten dollars ; and every person who shall
wilfully sign a false certificate or duplicate under this Enactment
shall be punishable in the manner provided by Section 197 of the
Penal Code.

14. Any person who shall produce or attempt to produce in any Misdemeanoms.

. . . Inoculation

child or person by inoculation with variolous matter, or by wilful
exposure to variolous matter, or to any matter, article, or thing
impregnated with variolous matter, or wilfully by any other means
whatsoever produce or attempt to produce the disease of small-pox
in any child or person, shall be guilty of an offence and shall be liable,
upon conviction before a Magistrate, to a penalty not exceeding one penahy.
hundred dollars, or to be imprisoned for any term not exceeding six
months, or to both.

15. In any prosecution for neglect to procure the vaccination of a Rule of
child, it shall not be necessary in support thereof to prove that the ®^''^^"'=«'
defendant had received notice from the Registrar or any other officer

of the requirements of the law in this respect, but if the defendant
produce any such certificate as hereinbefore described, or the
Register of Vaccination kept by the Registrar as hereinbefore pro-
vided, in which the certificate of successful vaccination of such child
shall be duly entered, the same shall be sufficient defence for him
except in regard to the certificate marked B, when the time specified
therein for the postponement of the vaccination shall have expired
before the time when the information shall have been laid.

17. It shall be lawful for the Resident to declare at what time Time of coming
this Enactment shall come into operation in any or all of the districts, ° ° operation.

utituteU.

750 VACCINATION (pAHANG).

and to exempt any district or part of a district from the operation of
the Enactment either temporarily or permanently.
ProBecuiions : 18- No prosccution for any ofTence under this Enactment shall be

bow to bo iu- instituted except by the authority of the Superintendent of Vaccina-
tion or a Deputy Supermtendent of Vaccmation.

Schedule A,
I, the undersigned, hereby give you notice to have the child (insert
name if any), whose birth is now registered, vaccinated within six
months from the date of its birth, pursuant to the provisions and
directions of " The Vaccination Enactment, 190 ," and that in
default of your doing so you will be liable to a penalty of five dollars.
Dated this day of 190 .

(Signed) C. D.
Registrar of Births and Deaths for the District

of in the State of Pahang.

Schedule B.
I, the undersigned, hereby certify that I am of opinion that

, the child of of in the district of

in the State of Pahang, aged is not now in a

fit and proper state to be successfully vaccinated, and I do hereby

postpone the vaccination until the (a) day of 190 .

Dated this day of 190 .

(Signed) A. B.

Deputy Superintendent of Vaccination, or

Public Vaccinator of the District.

Memo. — This is to be kept by the parent or other person to whom it
is given.
(a) This must not exceed twelve calendar months from the date of
the certificate.

Schedule C.
I, the undersigned, hereby certify that I have times

unsuccessfully vaccinated , the child of of

in the district of in the State of Pahang,

aged (or that the child has already had small-pox, as the case

may be), and I am of opinion that such child is insusceptible of
successful vaccination.

Dated this day of 190 .

(Signed) A. B.
Deputy Superintendent of Vaccination of the

District.
Memo. — This is to be kept by the parent or other person to whom it
is given.

Schedule D.
I, the undersigned, hereby certify that , the child of

, aged , of in the district of in

the State of Pahang, has been successfully vaccinated.
Dated this day of 190 .

(Signed) A. B.
' Public Vaccinator of the District.

Enactment No. 7 of 1908.

SCHOOL ATTENDANCE.

An Enactment to provide for the compulsory attendance
of Malay Children at Government Vernacular
Schools.

Harvey Chevallier, [13th June, 1908.

Acting British Resident. 1st July, 1908.]

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The School Attendance commence- °
Enactment, 1908," and shall come into force on publication thereof ™®°'^-

in the Gazette.

2. Erom and after the coming into force of this Enactment it shall notice To^be
be lawful for the Penghulu of any mukim in any district of the State pa^rOTte^^nd
to serve a written notice on the parent or guardian of any Malay male guardians.
child of not less than seven or more than fourteeen years of age, and

whose ordinary place of abode is not more than one mile and a half
by the nearest path or road from a Government vernacular school,
requiring that such child shall attend such school, and upon service
of such notice the parent or guardian of such child shall be deemed
to be lawfully responsible for the regular attendance of such child at
such school during the hours for which such school may be open for
the attendance of pupils.

3. Any person lawfully responsible for the attendance at school of person

any child shall, on proof before a Magistrate of such child's failure to attendance.^"'
attend school according to the terms of the preceding section, and in
absence of any reasonable excuse for such non-attendance, be liable
to be convicted of an offence under this Enactment, and on convic-
tion to be punished with a fine not exceeding five dollars for each
offence and, in default of payment of such fine, with simple imprison-
ment for a term not exceeding fourteen days.

751

Enactment No. 7 of 11)00.

REGENCY.

An Enactment to provide for the exercise of the powers
of the Ruler of the State by His Highness the
Tungkii Besar.

E. L. Brockman, [3rd April, 1909.

British Resident. 1st May, 1909.]

Whereas His Highness Sir Ahmad Maatham Shah ibni Almarhum
Ali, Knight Commander of the Most Distinguished Order of Saint
Michael and Saint George, Sultan of Pahang, desires on the ground of
advancing years to be relieved from the burden of public affairs and
that all powers and functions vested in His Highness as Ruler of the
State should be exercised on his behalf by his son Tungku Mahmud,
Companion of the said Most Distinguished Order, Tungku Besar of
Pahang :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as " The Regency Enactment,
1909," and shall come into force upon the 1st day of May, 1909.

2. On and after the commencement of this Enactment there shall
be vested in His Highness Tungku Mahmud ibni Sultan Ahmad all
powers and functions lawfully appertaining to His Highness the
Sultan as Ruler of the State, whether by virtue of any Enactment or
otherwise, so that the same may be exercised and performed by
His said Highness Tungku Mahmud in the place of, and on behalf
of. His Highness the Sultan.

3. Every exercise or performance by His said Highness Tungku
Mahmud of any such power or function as is referred to in Section 2
shall have the same validity and be of the same force and effect as
if the same had been exercised or performed by His Highness the
Sultan personally.

152

Enactment No. 13 or 1909.

INVENTIONS VALIDATION.

An Enactment to validate proceedings under the
" Inventions Enactment, 1897."

. E. L. Brockman, [27th October, 1909.

British Resident. 5tli November, 1909.]

Whereas on the 29th day of January, 1897, an Enactment was
passed by His Highness the Sultan in Council to provide for giving
Exclusive Privileges to Inventors, and it was therein provided that
the Enactment might be cited as the " Inventions Enactment,
1897," and should come into force on a day to be fixed by the Resi-
dent : And whereas from time to time thereafter proceedings
were had and grants of exclusive privileges were made in the manner
provided by the said Enactment : And whereas it appears that
no day was fixed for the coming into force of the said Enactment
until the Resident by notification in the Gazette dated the 20th day
of October, 1909, fixed the 20th day of October, 1909, as the day
for the coming into force thereof : And whereas it is expedient
to remove all doubts as to the validity of proceedings and grants
theretofore had and made in the manner provided by the said
Enactment :

It is hereby enacted by His Highness the Tungku Besar in Council
as follows : —

1. This Enactment may be cited as " The Inventions (Validation) short title and
Enactment, 1909," and shall come into force ujion the publication meut!'^"°^'
thereof in the Gazette,

2. All petitions for and grants of exclusive privileges, all orders, validation of
declarations, and payments, all registers and books and all pro- una'cTEuSt-
ceedings of whatsoever nature made, kept, or had prior to the 20th mentvo£i897.
day of October, 1909, and purporting to be made, kept, or had

under the provisions of the " Inventions Enactment, 1897," are
hereby declared to be of the same force and effect and to be as valid
for all intents and purposes as the same would have been if the
" Inventions Enactment, 1897," had come into force on the 29th
day of January, 1897.

I~48 753

Enactment No. 1 of 1912.

SYED HASSAN'S CONCESSION KESUMPTION.

An Enactment to provide for the resumption and
realienation by the State of certain lands in the
district of Pekan known as Syed Hassan's Concession.

F.J.Weld, [31st December, 1012.

Acting British Resident. 17th January, 1913.]

Preamble, Whereas Oil the 7th day of September, 1888, the seal of His High-

ness the Sultan was affixed to a document in the Malay language
demising for a term of 99 years to Syed Hassan bin Ahmad Alatas,
his heirs and assigns, certain rights in and over lands in the neigh-
bourhood of Pekan bounded by a line drawn as follows — viz.,
from Tanjong Pakra following the seashore to Sungei Kayu Mati,
thence due west as far as the Ayer Hitam, thence towards Kuala
Ayer Hitam and from Kuala Ayer Hitam following the right bank
of the Sungei Pahang downstream to Tanjong Pakra :

And whereas the said land m- as stated to be demised free of land
tax but by an agreement signed by the said Syed Hassan on the
8th September, 1888, the said Syed Hassan acknowledged that all
produce from the said land must follow the custom of the country
with regard to duties and covenanted to pay over to His Highness
the Sultan one-fifth of any share which he might thereafter hold
in any company formed to develop the said lands, and by another
agreement of the same date the said Syed Hassan further bound
himself in consideration of the aforementioned concession to him
by His Highness the Sultan to make and complete within 30 months
a high road 30 feet wide from Tanjong Pakra along the bank of
the Sungei Pahang as far as Kuala Parit, which road the said Syed
Hassan did not make as covenanted :

And Whereas the said Syed Hassan is willing to surrender all his
rights in the said land under the said document of title of the 7th
September, 1888, on the understanding that a lease for the said land
with such adjustment of boundaries as shall have been mutually
agreed upon shall be granted to him under the Land Enactment,
1911, for the remainder of the term named in the said document of
title subject to the terms and conditions implied or to be expressed
in such leases by virtue of the said Enactment and to the further
terms and conditions hereinafter in this Enactment set forth :

And whereas at the time when the said land was demised as
aforesaid there were alreadj^ sundry persons in occupation of
portions of the said land and sundry others have since that date

754

SYED Hassan's concession resumption (pahang). 755

entered into occupation of portions of the said land, some with and
some without the permission of the said Syed Hassan, and it is
expedient to make provision for safeguarding the rights of any of
the said persons who are or may have been in lawful occupation :

It is hereby enacted by His Highness the Tungku Besar in Council
as follows : —

1. This Enactment may be cited as "The Syed Hassan's Con- short title and
cession Resumption Enactment, 1912," and shall come into force ^^™*''°®'
upon the publication thereof in the Gazette.

2. Upon the coming into force of this Enactment the whole of Land to vest in
the land included within th(; boundaries hereinbefore set forth shall state!* ^'°
be deemed to be State land within the meaning of the Land Enact-
ment, 1911, and shall vest in His Highness the Sultan as Ruler of

the State.

3. At any time after the coming into force of this Enactment it Power to
shall be lawful for the Resident to, and as soon thereafter as con- ^^^ innate.
veniently may be the Resident shall, grant to Syed Hassan bin
Ahmad Alatas, his executors, administrators, and assigns, a lease

or leases of the said land under Section 24 of the Land Enactment,
1911, for a term commencing on the date of such lease and to expire
on the 6th day of September, 1987, subject to the following
special conditions, that is to say —

(a) The said Syed Hassan, his executors, administrators, and
assigns shall, notwithstanding anything to the contrary
in the terms of the said lease or leases or in the Land
Enactment, 1911, contained, hold the land thereby de-
mised subject to all rights, legal and equitable, of any
persons in or in respect of the said land or any part thereof
created prior to and subsisting at the date of the passing
of this Enactment ;

(6) Notwithstanding anything in the said lease or leases or
in the Land Enactment, 1911, contained, it shall be
lawful for the Resident at the expiration of five years from
the date of such lease or leases and at any time within one
year from such expiration to resume on behalf of
the State any portions of the land included in such lease
or leases which are not then under cultivation ; provided
that there shall in any case be reserved to the lessee
such belts of jungle and other plots of land as may be
necessary for the purpose of maintaining or protecting
existing cultivation or for the proper and effectual manage-
ment of the estate ; and provided further that there shall
also be reserved to the lessee the right to retain possession
of two acres of land in respect of each acre then under
cultivation ; and the Resident shall at any time after the
expiration of five years from the date of the said lease or
leases issue to any registered lessee at his request a grant or
grants in perpetuity for any portion not so resumed of the
land whereof he is the registered lessee at an annual rent
not exceeding fifty cents per acre for the first six years and
thereafter not exceeding two dollars per acre, and such

756 SYED Hassan's concession resumption (pahang).

grant or grants shall be subject in all cases to all the
conditions implied by virtue of the law for the time being
in force relating to the alienation of State lands of a like
area for agricultural purposes and to a right of re-entry by
the Collector of Land Revenue for the district on behalf
of the State if either one-fourth of the land included in
the grant shall not have been cultivated within one year,
one-half Avithin twoj^ears, three-fourths within three years,
or the whole within four years of the date of the grant,
but subject to the same provisos as are hereinbefore
stated in the case of resumption of land included in the
lease or leases issued in pursuance of this section.

Rigiits of way. 4. The Said Syed Hassan, his executors, administrators, and
assigns shall hold the land included in any leases or grants issued
under the provisions of Section 3 subject to a right of way for the
public to pass and repass at all times with or without horses, cattle,
or other animals and with or without vehicles of any description

(a) over and along the path heretofore used by the public
and running from Pekan through Sanggit and Sungei
Miang to Ayer Tawer or over and along such other equally
convenient path between the said places as the said Syed
Hassan, his executors, administrators, and assigns shall
provide ;

(6) over and along the road known as " Jalan Syed Hassan "
between the point where the said road intersects the
westerii boundary of the land referred to in Section 2
to a point adjacent to portion 390 known as the
Muhammadan Cemetery ;

(c) over and along a road forming a continuation southAvard of
the road known as " Jalan Trus " until the said road
reaches the river Ayer Hitam.

Sub-leases to 5. (i) The Said Syed Hassan, his executors, administrators, and

cultivators. assigns sliall within one year from the date of the issue of any lease

or leases that may be issued under the provisions of Section 3
grant on application sub-leases of an}^ land included Avithin the said
lease or leases which shall at the date of the issue of the said lease
or leases have been and be cultivated Avith permanent products
to the cultivator thereof or to the person claiming under him at an
annual rent Avhich shall not exceed one dollar per acre or part thereof
and for a term Avhich shall not be less than the unexpired term of the
lease granted under Section 3 Avherein such cultivated land is
included ; provided that every such sub-lease shall be liable to
forfeiture in either of the folloAving events, that is to say —

(a) on failure to pay the rent due on the sub-lease in respect
of any year after notice to pay the same shall have been
posted for a period of six months on the land included
in the sub-lease ;

(6) on failure to clear of weeds and undergroAvth the land in-
cluded in the sub-lease after notice to clear the same
shall have been posted for six months on the said land ;

SYED Hassan's concession resumption (pahang). 757

and provided further that nothing in this section shall bind the said
Syed Hassan, his executors, administrators, and assigns to issue any
sub-lease in respect of land cultivated with permanent products if
the cultivation thereof was undertaken in pursuance of an agreement
with the said Syed Hassan inconsistent with any claim to such
sub-lease or if tiie cultivator thereof or the person claiming under
him shall have surrendered to the said Syed Hassan, his executors,
administrators, and assigns, all claim in respect of such land.

(ii) In case of any dispute between the said Syed Hassan, his
executors, administrators, and assigns, and any Asiatic claiming to
be entitled to compensation or to a sub-lease in respect of cultivated
land, either as to the merits of such claim or as to the amount which
ought to be paid by way of compensation or otherwise in respect of
the matter provided for by this Enactment, it shall be lawful for
any party to such dispute to refer it, either orally or by written
memorandum, to the District Officer, Pekan, who shall thereupon
as soon as may be hear and decide the matter in dispute and shall
for the purpose of such hearing have the same powers in respect
of the summoning of witnesses and otherwise as a Magistrate has
in a civil suit. At the conclusion of the hearing of such matter the
District Officer shall record in writing the points at issue between
the parties and his decision thereon and shall notify such decision
to the parties and thereupon the same shall be final and binding
upon all parties unless within one month from the date of the pro-
nouncement of such decision any party appeal therefrom to the
Supreme Court ; for the purposes of such appeal the decision of
the District Officer, Pekan, shall be deemed to be the decision of
the Court of a Magistrate.

6. At any time after the expiration of five years from the issue Demarcation
of any lease under Section 3 the said Syed Hassan, his executors, reclistratkm'of
administrators, and assigns shall, if the Resident by written notice subleases.
so require, produce for the inspection of the Resident or of such

officer as he may ajipoint a list, duly authenticated, of all sub-leases
subsisting for land included in such lease, and thereupon it shall be
lawful for the Resident to cause the lands severally included in
such sub-leases to be surveyed and demarcated by a Government
surveyor and the expense of such survey shall be borne by the
lessees and the sub-lessees in equal shares. After the completion
of such survey sub-leases for the surveyed lands shall be registered
in accordance with the provisions of the laws in force at the time
relating to the registration of sub-leases for land.

7. Notwithstanding that the land referred to in Section 2 shall Prior dealings.
have vested under this Enactment in the Ruler of the State and

have subsequently been demised to the said Syed Hassan and
notwithstanding anything contained in the Registration of Titles
Enactment, 1897, or in the Registration of Titles (Leases of State
Land) Enactment, 1909, any document made before the passing
of this Enactment which purports to deal with or transfer any
interest in the said land or any portion thereof shall not be deemed
to fail in effect by reason merely of it not having been registered
but shall have the same effect as if the land had not so vested or
the said Enactments had not been passed, provided that such

758 SYED Hassan's concession resumption (pahang).

No claim to be
maintainable

ajjainst the
State.

document shall have been produced to and a copy thereof
deposited with the Collector of Land Revenue for the district of
Pekan not later than five years after the date of the passing of this
Enactment.

8. No claim shall be maintainable in any Court against His
Highness the Sultan, His Highness theTungkuBesar,the Resident,
or the State in respect of any claim arising out of the demise of
land by the aforementioned document of title dated the 7th Sep-
tember, 1888, or out of the resumption by the State of the land
comprised therein or any portion of such land or the realienation
thereof by lease or grant as in Section 3 provided.

Enactment No. 3 of 1915.

TURTLES' EGGS.

An Enactment to provide for restricting and regulating
the taking of Turtles' Eggs.

E. J. Brewster, [24th July, 1915.

British Resident. 20th August, 1915.]

It is he by enacted by His Highness the Sultan in Council as
follows

1. This Enactment may be cited as "The Turtles' Eggs Enact- short title and
ment, 1915," and shall come into force on the publication thereof mentl^"*^^'
in the Gazette.

2. In this Enactment " turtle " means any reptile of the genera interpretation.
Chelone, Thalassochelys, Dermochelys, Orlitia, Callagur, Batagur,

or Hardella.

3. (i) The Resident may from time to time by notification Areas within
published in the Gazette prohibit the taking of turtles' eggs within ^ay nofbe
such areas as may be described in the notification (hereinafter taken.
called gazetted areas) except under a license or exclusive right
granted under this Enactment.

(ii) Such notification shall state the date on which it is to take
effect, which shall not be less than three months after the publication
of the notification, and such notification shall from the date of the
publication thereof in the Gazette until the date of the taking effect
thereof be published in the English and Malay languages at
convenient places within the gazetted area or areas to which the
notification relates.

(iii) Any notification under this section may be rescinded by the
Resident by notification published in the Gazette.

4. So long as a notification under Section 3 (i) is in force no person Prohibition of
shall, except under and in accordance with the terms of a license or takhig.° '^
exclusive right granted under this Enactment, collect or take

turtles' eggs within any area to which such notification relates.

5. (i) Licenses to take turtles' eggs within a gazetted area may Licenses.
be granted by the District Officer of the District within which such

area is situated ; such licenses shall remain in force for such period
not exceeding one year as may be stated therein and fees shall be
payable therefor at such rates as the Resident may by notification
in the Gazette from time to time prescribe. The fees so to be
prescribed may vary for different gazetted areas.

759

760

turtles' eggs (pahang).

Exclusive

riL'lits.

Suspension or
cancellation of
license or
exclusive riglit.

Transfer of
license or
exclusive right.

Penalty.

(ii) No license shall be granted under this section in respect of
any area over which an exclusive right under Section G is vested in
any person.

6. The Resident may from time to time by instrument in writing
under his hand grant to and vest in any person the exclusive right
to take turtles' eggs within any gazetted area or areas during such
period, to be stated in the instrument, as the Resident may think
fit. Such exclusive right may be granted in consideration of such
payments and shall be subject to such conditions, to be set out in
the instrument, as the Resident may in each case impose.

7. (i) The authority granting any license or exclusive right under
this Enactment may suspend or cancel it

(a) if any fee or other payment due by the holder thereof be
not duly paid ;

(6) in the event of any breach by the holder of the license or
exclusive right, or by his servants or by anyone acting
with his expressed or implied permission on his behalf,
of any of the conditions of such license or exclusive right.

(ii) The holder shall not be entitled to any compensation for the
suspension or cancellation of his license or exclusive right nor to
refund of any fee or other payment made in respect thereof.

8. No license or exclusive right granted under this Enactment
shall be transferable except with the consent of the authority by
which the same was granted.

9. (i) Any person who shall contravene the provisions of Section
4 shall be liable to fine not exceeding one hundred dollars.

(ii) In any case where a fine is recovered in respect of any con-
travention of the provisions of Section 4 committed in respect of
an area over which an exclusive right under Section 6 is vested in
any person the whole or any portion of such fine may at the
discretion of the Court be paid to the person in whom such exclusive
right is vested.

Enactment No. 1 of 1916.

KARANG AYER LELEH.

An Enactment to declare certain rights of the Ruler of
the State in respect of certain Fishing-grounds.

C. W. C. Parr, [6th December, 1916.

British Resident. 19th January, 1917.]

Whereas from time immemorial there has appertained to the
Ruler for the time being of the State the sole and exclusive right
of fishing within and over the Karang Ayer licleh :

And whereas it is expedient that the said right should be
expressly declared and confirmed :

It is hereby enacted by His Highness the Sultan in Council as
follows : —

1. This Enactment may be cited as ' ' The Karang Ayer Leleh shott title and
Enactment, 1916," and shall come into force on the publication ^^^°^®"
thereof in the Gazette.

2. (i) The sole and exclusive right to fish within and over the nights of the
area specified in the schedule hereto is hereby declared to be ^"^^'•
vested in the Ruler of the State.

(ii) Any person who shall infringe, or attempt to infringe, the penalty.
right declared by sub-section (i) shall be guilty of an offence and
shall on conviction before the Court of a Magistrate be liable to a
fine not exceeding one hundred dollars.

The Schedule.

The territorial waters of the State of Pahang bounded on the
north by a line running due east from a beacon at a point two miles
north of the Kuala Ayer Leleh, and on the south by a line running
due east from a beacon at a point one mile south of the Kuala
Ayer Leleh.

761

Enactment No. 1 of 1919.

Short title and
commence-
ment.

Construction.

Vesting of
lands.

Dealinps
restricted.

Occupation by
others tlian
Malay subjects.

Leases.

SULTANATE LANDS.

An Enactment to vest certain lands in the Ruler of the
State of Pahang and to regulate the occupation and
leasing thereof.

C. W. C. Pare,

British Resident.

[2Gth May, 1919.
6th June, 1919.]

It is hereby enacted by His Highness the Sultan in Council as
follows : — ■

1. This Enactment maj^ be cited as " The Sultanate Lands
Enactment, 1919," and shall come into force on the publication
thereof in the Gazette.

2. For the purposes of this Enactment — ■

(a) " Malay " means a person belonging to any Malayan race

M'ho habitually speaks the Malay language or any Malayan
language and professes the Moslem religion ;

(b) every Malay born within the State shall be deemed to be a

subject of the Ruler of the State.

3. Subject to the provisions of this Enactment the lands de-
scribed in the schedule hereto, which are hereinafter called "the
Sultanate lands," together with all income and profits whatsoever
arising therefrom are and shall be vested in and be and remain the
property of the Ruler for the time being of the State of Pahang.

4. No portion of the Sultanate lands shall, except by an instru-
ment under the hand of the Ruler of the State counter-signed, in
token of his assent, by the Resident, be sold, transferred, mortgaged,
charged, or otherwise encumbered, and no portion thereof shall,
except as provided in this Enactment, be leased or otherwise
disposed of. Every attempt to sell, transfer, mortgage, charge,
encumber, lease, or dispose of the Sultanate lands or any portion
thereof in contravention of the provisions of this section shall be
null and void and of no effect. Provided that nothing in this
section shall be deemed to prohibit the temporary occupation of
portions of the Sultanate lands by Malay subjects of the Ruler of
the State with the consent of the said Ruler.

5. No person not being a Malay subject of the Ruler of the State
shall occupy any portion of the Sultanate lands unless he hold a
lease or other written authority in that behalf signed by the Ruler
of the State and by the Resident.

6. (i) The Sultanate lands or portions thereof may from time to
time be leased

(a) by writing under the hand of the Ruler of the State to
Malay subjects of tlie said Ruler, or
76?

SULTANATE LANDS (PAHANG). 763

(6) by writing under the hand of the Ruler of the State and
of the Resident to persons not being Malay subjects of
the said Ruler,

for any term not exceeding fifty years.

(ii) Leases of portions of the Sultanate lands not held under
grant or entry in a mukim register shall be subject to the provisions
of " The Registration of Titles Enactment, 1911," in the same way
as if they were leases of land held under grant within the meaning
of the said Enactment, and for the purpose of such leases each
portion of the Sultanate lands (not held under grant or entry in a
mukim register) which is separately mentioned in the schedule hereto
shall be deemed to be held under a grant, and a folium containing
a sufficient description of such portion shall be bound up in the
Register of Titles referred to in Section 18 of the said Enactment
and shall constitute a separate folium thereof, and the Registrar
of Titles shall record thereon the particulars of all leases, and of all
matters relating to leases, which would be proper to be recorded
on the grant if the land leased were held under grant.

(iii) No right or interest in any lease of the Sultanate lands or
any portion thereof shall, except in accordance with a Avritten
permission in that behalf signed by the Ruler of the State and by
the Resident, be sold or transferred to, or charged in favour of,
any person not being a Malay subject of the Ruler of the State.
Every attempt to sell or transfer or charge in contravention of the
provisions of this sub-section shall be null and void and of no effect.
Any permission granted under this sub-section may be subject to
such condition and limitation (if any) as the Ruler of the State
may, with the advice of the Resident, impose.

(iv) Notwithstanding anything contained in " The Powers of
Attorney Enactment, 1912," no power of attorney whereof the
donee or any donee is a person not being a Malay subject of the
Ruler of the State shall in so far as it relates to any right or interest
of a Malay subject of the Ruler of the State in any lease of the
Sultanate lands or any portion thereof be irrevocable.

7. No Court shall have jurisdiction to hear or adjudicate upon claims to be
any claim to the Sultanate lands or any portion thereof or interest determined by
therein, but every such claim may be heard and determined by sitting with
the Resident with the aid of two members of the State Council ''^''^^°''^'
appointed by the Ruler of the State in Council to sit with the
Resident as assessors and assist in the determination of such claim.

The Resident shall not in determining such claim be bound to
conform to the opinions of the assessors. Every determination of
a claim by the Resident under this section shall be final to all intents
and purposes, and there shall be no appeal therefrom.

8. The Resident may from time to time by notification published Power to add
in the Gazette declare that any land described in such notification to t^e schedule.
and not included in the schedule hereto shall form part thereof, and

from and after the date of the publication of such notification the
land described therein shall come within the operation of this
Enactment as if the same had been originally included in the said
schedule.

764

SULTANATE LANDS (PAHANG),

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UNIVERSITY OF CALIFORNIA LIBRARY

Los Angeles
This book is DUE on tlie last date stamped below.

REC'J 'l':-URL
MAR 1 6 1984

Form Lg-50m-7, '54 (5990)444

25.5
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